Final Implementation Report for the Directive 94/62/EC on Packaging and Packaging Waste

Transcription

1 Final Implementation Report for the Directive 94/62/EC on Packaging and Packaging Waste Service request under the framework contract No ENV.C.2/FRA/2013/ July 2015

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3 Report for DG Environment, European Commission Prepared by: Christina Tsiarta Jofre Rodrigo Ignasi Puig Approved by. Mike Brown (Project Director) Eunomia Research & Consulting Ltd 37 Queen Square Bristol BS1 4QS United Kingdom Tel: +44 (0) Fax: +44 (0) Web: Disclaimer Eunomia Research & Consulting has taken due care in the preparation of this report to ensure that all facts and analysis presented are as accurate as possible within the scope of the project. However no guarantee is provided in respect of the information presented, and Eunomia Research & Consulting is not responsible for decisions or actions taken on the basis of the content of this report. This report has been prepared by Eunomia Research and Consulting based in the UK and its partners, ENT Environment and Management based in Spain, EPEM S.A. based in Greece, Ekokonsultacijos based in Lithuania and the Environmental Research Institute based in Slovenia (ORZ) for the European Commission, DG Environment under Study Contract DG ENV.C.2/FRA/2013/0023. The views expressed herein are those of the consultants alone and do not necessarily represent the official views of the European Commission.

4 Contents 1.0 Introduction The Packaging and Packaging Waste Directive Main Elements About this Report Key Definitions Member State Implementation Questionnaires Considered for this Report Transposition into National Law Implementation of the Directive Prevention of Packaging Waste Measures to Encourage Re-use Systems Measures to Set up Return Systems Recovery and Recycling Targets and Method Used to Obtain Data Encouragement of the Use of Recycled Material Information Campaigns National Standards relating to the Essential Requirements and to the Concentration Levels of Heavy Metals Specific Chapter on Waste Management Plans Economic Instruments Quantities of Packaging Waste, Recovery and Recycling Rates Introduction Packaging Waste Generation Overall Recovery and Recycling Overall Recovery and Recycling Rates Material Specific Recycling General Conclusion on the Implementation of the Directive Identified Limitations of Reporting Suggestions for Improving Member State Reporting Concluding Remarks... 86

5 APPENDICES A.1.0 Appendix 1 Table of Member State Implementation Questionnaires A.2.0 Appendix 2 Other Relevant Figures... 95

6 List of Tables, Figures and Boxes Table 1.1: Recovery and Recycling Targets for Packaging Waste (% of Packaging Waste Generated) Table 4.1: Packaging Waste Generated (in tonnes) Table 4.2: Total Recovery and Recycling Rates Achieved (% of Packaging Waste Generated) Table 4.3: Recovery and recycling targets achievement by the Member States Table 4.4: Recovery and Recycling Rates Achieved by Bulgaria and Romania (% of Packaging Waste Generated) Figure 4.1: Recycling Rates for Total Packaging Waste, 2012 (%) Figure 4.2: Recovery Rates for Total Packaging Waste, 2012 (%) Table 4.5: Achievement of Material Specific Recycling Targets by Member States Table 4.6: Recycling of Packaging Waste (% of Packaging Waste Generated) Table 4.7: Composition of Packaging Waste (% of Packaging Waste Generated) Table 5.1: Member State Implementation Questionnaires Figure A. 1: Recycling Rates for Packaging Waste by Member State, Figure A. 2: Recovery Rates for Packaging Waste by Member State,

7 Glossary TERM Deposit-refund scheme EC Economic operators Extended producer responsibility (EPR) MS Packagers DEFINITION Recovery system that requires the collection of a monetary deposit on a product s packaging (often beverage containers) at the point of sale. The deposit is refunded to the purchaser when they return the container to an authorised redemption centre. Non-recovered deposits may be used to finance waste collection and disposal facilities. * European Commission. 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. An environmental policy approach in which a producer s responsibility for a product is extended to the post-consumer stage of a product s life cycle. An EPR policy is characterised by: (1) the shifting of responsibility (physically and/or economically; fully or partially) upstream toward the producer and away from municipalities; and (2) the provision of incentives to producers to take into account environmental considerations when designing their products. Member State(s). An economic operator (person or company) that packages a product or merchandise for commercial sale. * Ec.europa.eu, Waste - Environment - European Commission. Found at: %20Final%20Report.pdf [Accessed 29 June 2015]. (OECD, 2015). Extended Producer Responsibility. Found at: [Accessed 29 June 2015]. Dictionary.com, The definition of Packager. Found at: [Accessed 29 June 2015].

8 TERM Polluter Pays Principle (PPP) Producers / Producer Organisations Recovery Recycling Re-use DEFINITION A requirement that the costs of disposing of waste must be borne by the holder of the waste, by previous holders or by the producers of the product from which the waste came. * Producers are individuals or companies which create economic value or produce goods and services. In this context they are expected to assume extended responsibility for the products they put on the market. In practice, the extended responsibility is frequently assumed by other stakeholders, e.g. importers, marketers, retailers and distributors. Any operation whose principal result is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function (or waste being prepared to fulfil that function). 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. 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. ** * Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance) (OJ L 312/3 of ) - p.1. Ec.europa.eu, Waste - Environment - European Commission. Found at: %20Final%20Report.pdf [Accessed 29 June 2015]. Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance) (OJ L 312/3 of ) - Article 3. European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ No L 365/10 of ) - Article 3 (7) ** European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ No L 365/10 of ) - Article 3 (5)

9 TERM Take-back obligation / system DEFINITION Obligations for producers or distributors to take-back their products from end users at the end of the products useful life by establishing take-back systems. * * Ec.europa.eu, Waste - Environment - European Commission. Found at: %20Final%20Report.pdf [Accessed 29 June 2015].

10 1.0 Introduction 1.1 The Packaging and Packaging Waste Directive The Packaging and Packaging Waste Directive (94/62/EC) 10 (hereafter referred to as the Packaging and Packaging Waste Directive or the Directive) was adopted to harmonise national measures concerning the management of packaging and packaging waste and to prevent or reduce its impact on the environment. It aims to provide a high level of environmental protection and to ensure the functioning of the internal market by avoiding obstacles to trade and distortion and restriction of competition. In 2004 the Directive was amended to provide criteria clarifying the definition of the term packaging and to increase the targets for recovery and recycling of packaging waste (Directive 2004/12/EC 11 ). In 2005 it was revised again to allow for new Member States in attaining recovery and recycling targets (Directive 2005/20/EC 12 ) Main Elements The main elements of the Packaging and Packaging Waste Directive according to Commission Implementing Decision of 97/622/EC are summarised below: 14 Prevention (Article 4) o Article 4 requires Member States to prevent the formation of packaging waste through a series of measures. Re-use (Article 5) o Article 5 requires member States to encourage re-use systems for packaging in an environmentally sound manner. Recovery and recycling (Article 6) 10 European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ No L 365/10 of ). 11 Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste (OJ L 47/26 of ). 12 Directive 2005/20/EC of the European Parliament and of the Council of 9 March 2005 amending Directive 94/62/EC on packaging and packaging waste (OJ L 70 of ). 13 EUR-Lex, Access to European Union law, accessed 29 June 2015, 14 Consortium Expert Team to Support Waste Implementation (2012) Preparation of implementation reports on waste legislation, including the Waste Shipment Regulation - Final Implementation Report for the Packaging and Packaging Waste Directive 94/62/EC, January 2012, Page 9 of 98

11 These targets are: o Article 6 requires Member States to achieve certain targets with regards to recovery and recycling. (a) No later than 30 June 2001 between 50 % as a minimum and 65 % as a maximum by weight of packaging waste will be recovered or incinerated at waste incineration plants with energy recovery; (b) No later than 31 December % as a minimum by weight of packaging waste will be recovered or incinerated at waste incineration plants with energy recovery; (c) No later than 30 June 2001 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; (d) No later than 31 December 2008 between 55 % as a minimum and 80 % as a maximum by weight of packaging waste will be recycled; (e) No later than 31 December 2008 the following minimum recycling targets for materials contained in packaging waste will be attained: o (i) 60 % by weight for glass; o (ii) 60 % by weight for paper and board; o (iii) 50 % by weight for metals; o (iv) 22.5 % by weight for plastics, counting exclusively material that is recycled back into plastics; and o (v) 15 % by weight for wood. Some Member States have been granted transitional periods regarding the targets. These are summarised in Table 1.1. According to Directive 2005/20/EC 15 Member States having acceded to the European Union (EU) by virtue of the Accession Treaty of 16 April 2003 may postpone the attainment of the targets referred to in Article 6 of Directive 94/62/EC paragraph 1(b), (d) and (e) until a date of their own choosing which shall not be later than 31 December 2012 for the Czech Republic, Estonia, Cyprus, Lithuania, Hungary, Slovenia and Slovakia; 31 December 2013 for Malta; 31 December 2014 for Poland; and 31 December 2015 for Latvia. 15 Directive 2005/20/EC of the European Parliament and of the Council of 9 March 2005 amending Directive 94/62/EC on packaging and packaging waste (OJ L 70 of ). Page 10 of 98

12 Table 1.1: Recovery and Recycling Targets for Packaging Waste (% of Packaging Waste Generated) RECOVERY RECYCLING Article Directive Member States Packaging 6(1)(b) 6(1)(d) - 6(1)(e)(i) 6(1)(e)(ii) 6(1)(e)(iii) 6(1)(e)(iv) 6(1)(e)(v) Overall: 60% Overall: 55-80% Glass: 60% min. Paper & board: min. 60% Metals: 60% min. Plastics: 22.5% min. Wood: 15% min. Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, the Netherlands, Spain, Sweden, the UK End of 2008 Greece, Ireland and Portugal End of 2011 Cyprus, the Czech Republic, Estonia, Hungary, Lithuania, Slovakia, Slovenia End of 2012 Malta End of 2013 Poland End of 2014 Latvia End of 2015 Romania Bulgaria Page 11 of 98

13 Return, collection and recovery systems (Article 7) o Article 7 requires Member States to take the necessary measures to ensure that systems are set up for the return, collection, re-use, and recovery and recycling of packaging and packaging waste, which will be open to the participation of economic operators. Concentration of heavy metals present in packaging (Article 11) o Article 11 requires Member States to comply with certain concentration levels of lead, cadmium, mercury and chromium in packaging and packaging waste. o Article 7 of the Commission Decision of 24 March 2009 establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste, states that Member States shall include in the reports to be submitted to the Commission under Article 17 of Directive 94/62/EC a detailed report on the functioning of the system provided for in this Decision and on the progress made in phasing out plastic crates and plastic pallets which are not in conformity with Article 11(1) of Directive 94/62/EC. It is worth to note that in the Implementation Questionnaire , no specific question in this regards is included, however, information must still be submitted by the Member States. None of them submitted it for period. Information for users of packaging (Article 13) o Article 13 requires Member States to ensure that users of packaging have information on the return, collection and recovery systems, what their role is, and the appropriate elements of the management plans. Economic Instruments (Article 15) o Article 15 requires Member States to use economic instruments to promote the implementation of the objectives set out in the Directive. Other elements relate to the, information systems on packaging and packaging waste (Article 12) and management plans for managing packaging and packaging waste (Article 14). 1.2 About this Report The European Commission (DG Environment) awarded a contract to Eunomia Research and Consulting based in the UK, together with its partners, ENT Environment and Management based in Spain, Environmental Planning and Management (EPEM S.A.) based in Greece, Ekokonsultacijos based in Lithuania and the Environmental Research Page 12 of 98

14 Institute based in Slovenia (ORZ) to prepare an Implementation Report on Directive 94/62/EC on packaging and packaging waste for (DG ENV.C.2/FRA/2013/0023). This Implementation Report for the Packaging and Packaging Waste Directive is a synopsis of the replies submitted by Member States to the Implementation Questionnaire covering the period , pursuant to European Commission Implementing Decision of 27/05/ The report is part of a series of Implementation Reports published on the Packaging and Packaging Waste Directive every three years. Member States were required to submit replies to the Implementation Questionnaires for the Directive covered by this report for the period, as well as any other relevant information on the implementation of the aforementioned Directive to the Commission. The deadline set for Member States was 18 June However any information submitted by Member States up to the time of writing this report was also taken into consideration. 17 On certain occasions Member States may have omitted to submit a reply to a particular question or to any of the questions in the Implementation Questionnaire. In such cases it was necessary to consider other sources, where. Whenever a source other than the Packaging and Packaging Waste Directive Implementation Questionnaire is used, that is clearly reported in the report. Examples include reports issued from EUROSTAT and the European Environment Agency, information found on EUR-Lex, as well as any relevant documentation found on national websites of Member States. If no other sources could be found, the Member State replies to previous Implementation Questionnaires ( or ) as these are summarised in the Packaging and Packaging Waste Directive Implementation Reports for the same time periods were used. On such occasions if any discrepancies were identified between the reply submitted by Member States in the Implementation Questionnaire and any other sources considered, these have been noted and are discussed. This report also compares the replies Member States submitted to the Implementation Questionnaire for the Directive for the period , to the replies submitted by Member States to the previous Implementation Questionnaire for the period as these are summarised in the Packaging and Packaging Waste Directive Implementation Report , to indicate any progress made in implementation. In this report, Sections 2.0 and 3.0 start off by setting out the question as it appears in the Implementation Questionnaire followed by a top level summary of the Member State replies to each question for the period Section 4.0 presents the quantities of packaging waste generated, recovery and recycling rates and material- 16 Commission Decision 97/622/EC of 27 May 1997 concerning questionnaires for Member States reports on the implementation of certain Directives in the waste sector (implementation of Council Directive 91/692/EEC) (OJ L 256/13 of ). 17 The cut-off date was 31 December Page 13 of 98

15 specific recycling rates submitted on annual basis by Member States to EUROSTAT. Section 5.0 presents concluding remarks. Appendix A.1.0 provides a tabular summary of the number of Member States across the EU28 18 which have submitted replies to the Implementation Questionnaires to the Commission for the Packaging and Packaging Waste Directive for the period Finally Appendix A.2.0 presents graphs of the recovery and recycling rates for packaging waste. For practical reasons, the report does not always differentiate between direct quotes taken from Member States replies and re-phrased or shortened paragraphs. All due care has been taken in completing this synopsis. However, please note that the original replies submitted by Member States to the Implementation Questionnaire constitute the only authentic source of information Key Definitions The list below presents brief explanations of key terms used throughout this report: Implementation Questionnaire : The questionnaire issued to Member States on the implementation of the Directive on packaging and packaging waste pursuant to Commission Implementing Decision of 97/622/EC, 19 covering the period Implementation Questionnaire : The questionnaire issued to Member States on the implementation of the Packaging and Packaging Waste Directive pursuant to Commission Implementing Decision of 97/622/EC, 20 covering the period General Implementation Report : The Commission Report on the Implementation of Community Waste Legislation, which summarises the implementation of EU legislation on waste across all Member States for the period It covers Directive 2006/12/EC on waste, 22 Directive 91/689/EC on hazardous 18 The EU28 consists of: Austria; Belgium; Bulgaria; Croatia; Cyprus; the Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Ireland; Italy; Latvia; Lithuania; Luxembourg; Malta; the Netherlands; Poland; Portugal; Romania; Slovakia; Slovenia; Spain; Sweden; and the UK. Croatia joined the EU on 1 July 2013 and was therefore not obliged to report on the period. Nonetheless Croatia did reply to the Implementation Questionnaire and these replies are considered in this report. Poland did not respond to the Implementation Questionnaire but sent a report on the weight of packaging waste generated and recovered or incinerated at waste incineration plants with energy recovery from 1 January 2012 to 31 December 2012; the information provided is considered in this report, where applicable. 19 Commission Decision 97/622/EC of 27 May 1997 concerning questionnaires for Member States reports on the implementation of certain Directives in the waste sector (implementation of Council Directive 91/692/EEC) (OJ L 256/13 of ). 20 Commission Decision 97/622/EC of 27 May 1997 concerning questionnaires for Member States reports on the implementation of certain Directives in the waste sector (implementation of Council Directive 91/692/EEC) (OJ L 256/13 of ). 21 European Commission (2013) Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the implementation of the EU waste legislation for the period , January 2013, Page 14 of 98

16 waste, 23 Directive 75/439/EEC on waste oils, 24 Directive 86/278/EEC on sewage sludge, 25 Directive 94/62/EC on packaging and packaging waste, 26 Directive 1999/31/EC on the landfill of waste 27 and Directive 2002/96/EC on waste electrical and electronic equipment. 28 It is based on the information provided in detailed reports for each Directive. A separate report focuses on the Waste Shipment Regulation 29 for the same period (i.e ) and covers the implementation of Regulation (EC) 1013/2006 on shipments of waste. 30 Both reports are prepared for the Commission by a consultant and are updated every three years. Packaging and Packaging Waste Directive Implementation Report : This exact report but instead covering the period based on the Member State replies to the Implementation Questionnaire It was produced for the Commission by a consultant. 31 Packaging and Packaging Waste Directive Implementation Report : This exact report but instead covering the period based on the Member State replies to the Implementation Questionnaire It was produced for the Commission by a consultant. 32 Completeness: The assessment of completeness of each Member State reply in the Implementation Questionnaire In certain instances a Member State reply to 22 Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ L 114/9 of ). 23 Directive 91/689/EEC on hazardous waste (repealed) (OJ No L 377/20 of ). 24 Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils (repealed) (OJ No L 194/23 of ). 25 Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment and in particular of the soil, when sewage sludge is used in agriculture (OJ No L 181/6 of ). 26 European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ No L 365/10 of ). 27 Council Directive 1999/31/EC of 26 April 1999 on the Landfill of Waste (OJ L 182/1 of ). 28 Directive 2002/96/EC of the European Parliament and of the Council of 27th January 2003 on Waste Electrical and Electronic Equipment (WEEE) (OJ L 37/24 of ). 29 European Commission (2012) Report from the Commission to the Council and European Parliament on the implementation of Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste, within, into and out of the European Community, and on the implementation of Regulation (EC) No 1013/2006 of 14 June 2006 on shipments of waste for the period , August 2012, 30 Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on Shipments of Waste (OJ L 190/1 of ). 31 Institute for European Environmental Policy, and Ecologic (2009) A report on the Implementation of the Packaging and Packaging Waste Directive 94/62/EC, May 2009, 32 Consortium Expert Team to Support Waste Implementation (2012) Preparation of implementation reports on waste legislation, including the Waste Shipment Regulation - Final Implementation Report for the Packaging and Packaging Waste Directive 94/62/EC, January 2012, Page 15 of 98

17 a question in the Implementation Questionnaire may have been partially complete or non-existent and this has been noted where relevant Member State Implementation Questionnaires Considered for this Report Appendix A.1.0 presents in a table the Member States that submitted replies to the Implementation Questionnaires to the Commission (Table 5.1). As indicated by Table 5.1, 25 Member States submitted replies to the Implementation Questionnaires to the Commission for , with three Member States not submitting these to the Commission. These are Denmark; Portugal and Romania. For these three Member States other sources of information have been considered, where possible, to include EUROSTAT, EUR-Lex, national legislation, national Waste Management Plans and national government agencies. The Packaging and Packaging Waste Directive Implementation Reports and were also used when no other sources could be found, which summarise the replies submitted by Member States to the Implementation Questionnaires for the corresponding time periods. It is also worth noting that Poland did not submit a reply to the Implementation Questionnaire either, but it did provide a report with the recycling and recovery data and some information on the methodology used, which has been considered for the purposes of this reporting, where applicable. Although Croatia only became a Member State of the European Union on July 1 st 2013, it nevertheless submitted a reply to the Implementation Questionnaire to the Commission for the Packaging and Packaging Waste Directive for the period Relevant information is included in this report. Page 16 of 98

18 2.0 Transposition into National Law Member States are required to transpose the Packaging and Packaging Waste Directive and its requirements into national legislation. Question 1: Is there a national law transposing Directive 94/62/EC, including any amendments? If not, state why. Question 2: Are there plans to adopt further measures not detailed below within the framework of the Directive and under the scope of the notification obligation of Article 16? If yes, has the Commission been notified of the measures? If no, state why. Question 3: If programmes have been set up the objectives of which go beyond those referred to in Article 6 (1) (a) and (b), have these objectives been communicated to the Commission? If no, state why. Article 22 states that Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 30 June They shall immediately inform the Commission thereof. Article 16 relates to the procedure for the provision of information on technical and economic measures to the Commission as outlined in Directive 98/34/EC on the provisions of information in the field of technical standards and regulations, 33 replacing Directive 83/189/EEC on technical standards and regulations, 34 whereby before adopting such measures Member States shall notify the Commission, excluding measures of a fiscal nature, but including technical specifications linked to fiscal measures which encourage compliance with such technical specifications. Article 6 (1) (a) relates to targets of packaging waste recovered or incinerated at waste incineration plants with energy recovery no later than 30 June Article 6 (1) (b) relates to targets of packaging waste recovered or incinerated at waste incineration plants with energy recovery no later than 31 December With regards to Question 1, all Member States (28) reported Yes without providing any further details on their relevant national laws, regulations and administrative provisions introduced to incorporate the Packaging and Packaging Waste Directive into national legislation. This includes the three Member States which did not submit replies to the Implementation Questionnaires to the Commission for Based on the 33 Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (OJ L 204 of , p.37) 34 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 (OJ No L 109/8 of ) Page 17 of 98

19 Implementation Questionnaires submitted by Denmark and Portugal for and Romania s national legislation, it can be confirmed that these Member States also have current laws and regulations in force to incorporate the Directive into national legislation. With regard to Question 2, Austria, Belgium, Croatia, Estonia, Finland, Germany, Greece and Malta reported that there are plans to adopt further measures. These are summarised below. Austria has indicated that work is in progress to adopt further implementing measures and these have been communicated to the Commission. Austria is planning the revision of the Packaging Ordinance to allow more competition in the area of collection and recovery systems in the household sector. Belgium indicated that there are plans to adopt further measures according to Article 16 on which the Commission has been notified. Croatia has adopted a new ordinance transposing the Directive, including some amendments, and by the end of 2014 a new Waste Management Plan will be adopted. In the short term it is not foreseen to introduce further measures. Estonia has indicated that it will be adopting further measures under the notification obligation of Article 16. The Commission has already been notified. Finland reported that it will be adopting further measures on which the Commission was already informed. Germany indicated that there are plans to adopt further measures, not detailed in the questionnaire, according to Article 16 on which the Commission has been notified already. In Greece, a new law on recycling is being drafted and will be adopted soon. Malta is in the process of finalising a comprehensive revision of its Waste Management Plan that would enable the Member State to potentially be in line with the requirements of the Directive. The revised plan, which is intended to be published shortly, may make use of further economic instruments. With regards to Question 3, Belgium, Italy, Estonia, the Netherlands and Spain have reported that they have set up objectives that go beyond those referred to in Article 6 (1) (a) and (b). Germany, Poland and the United Kingdom did not provide a reply to this question and no further information has been found. The other reporting Member States (17) have reported that they have not and the reasoning provided in general has been that the measures taken at this moment are considered sufficient to achieve the objectives. Denmark, Portugal and Romania have not submitted the Implementation Questionnaire and no further information has been found from the Packaging and Packaging Waste Directive Implementation Report Page 18 of 98

20 Member State replies are summarised below: Cyprus, Finland, France, Greece, Hungary, Latvia, Lithuania, Luxembourg, Malta and Slovenia reported that during the reporting period no programmes whose objectives go beyond those referred to in Article 6 (1) (a) and (b) have been set up. No further details were submitted. Austria has not set up objectives that go beyond those referred to in Article 6 (1)(a) and (b) during the reporting period ( ). The new targets according to Directive 2004/12/EC have been incorporated into the Packaging 1996 October 1st 2006, whereby the Commission Decision 1999/42/EC are no longer content is relevant. Bulgaria has not set up objectives that go beyond those referred to in Article 6 (1)(a) and the packaging waste recovery and recycling targets were agreed with the European Commission when the Programme for implementing Directive 94/62/EC on waste and packaging waste and the Programme for implementing Directive 2004/12/EC were submitted in 2003 and 2004, respectively. Croatia, as a new Member State, has decided to achieve the targets as they are provided by the Directive. It is foreseen that by the end of 2014 a new Waste Management Plan will be adopted. Currently, the environmental authorities are conducting an analysis of packaging materials recycling and recovery capacities. Therefore, based on all theses, a decision on setting up the objectives which go beyond those referred to in Article 6 (1)(a) and (b) of the Directive would be considered at that time. The Czech Republic has not adopted a set of objectives that go beyond those referred to in Article 6(1)(a) and (b) because the development of the packaging and packaging waste management system occurs without legislative changes. In Ireland, the Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007) consolidate the previous suite of regulations made in 2003, 2004 and 2006 respectively. The Regulations provide the regulatory framework for the management, recovery and recycling of packaging and packaging waste in Ireland. The regulations are designed to facilitate the achievement of Ireland's targets in accordance with the requirements of Directive 94/62/EC on packaging and packaging waste as amended by Directive 2004/12/EC and do not introduce measures/programmes designed to exceed the objectives set out in articles 6(1)(a) and 6(1)(b) respectively of the aforesaid Directive. Slovakia did not set up objectives which go beyond those referred to in the Article 6(1) (a) and (b), thus, communication to the Commission was not needed. Within the accession negotiations of the Slovak Republic to the European Union, a transition period was negotiated in accordance with Article 6, par. 11 of Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste as amended. The transition period has been set for the Slovak Republic till Sweden has not set objectives that go beyond those referred to in Article 6(1)(a) and (b). Instead, Sweden has chosen to include in the Swedish Ordinance (1994:1205) on producer responsibility for packaging recycling targets that go beyond the targets referred to in the Packaging Directive. Page 19 of 98

21 Conclusion: All Member States that submitted replies to the Implementation Questionnaires to the Commission for have provided the Commission with details on their laws, regulations and administrative provisions introduced to incorporate the Packaging and Packaging Waste Directive into national legislation in This was the case in the reporting period as well. Austria, Belgium, Croatia, Estonia, Finland, Germany, Greece and Malta reported that there are there plans to adopt further measures not detailed within the framework of the Directive. During the reporting period , a total of six Member States had reported plans to adopt further measures. Those were: Belgium, Estonia, Finland, Poland, Slovakia and Sweden. Belgium, Italy, Estonia, the Netherlands and Spain have reported that they have set up objectives that go beyond those referred to in Article 6 (1) (a) and (b), without providing further details on their replies. Page 20 of 98

22 3.0 Implementation of the Directive The remaining questions of the Implementation Questionnaire concern the particulars of how a number of the Directive s requirements (as stipulated in its Articles) have been reported as being implemented by Member States. The areas covered are: Prevention, Recovery, Recycling, Return, Collection and Recovery Systems, Marking and Identification Systems, Standardization, Concentration Levels of Heavy Metals present in Packaging, Information Systems, Information for Users of Packaging, Management Plans, Economic Instruments, Notification and Adaptation to Scientific and Technical Progress. 3.1 Prevention of Packaging Waste Question 1: Have measures to prevent the formation of packaging waste been implemented in accordance with Article 4, other than those introduced in accordance with Article 9? If no, why not. If yes, describe the measures taken referring to any consultation with economic operators. Article 4 requires Member States to implement other measures to prevent the formation of packaging waste in addition to those taken in accordance with Article 9. It also states that the Commission shall help to promote prevention by encouraging the development of suitable European standards. Article 9 states that packaging may be placed on the market only if it complies with all essential requirements defined by this Directive including Annex II. It also requires Member States to communicate to the Commission text of their national standards. All Member States (24) which have submitted replies to the Implementation Questionnaires have reported that they have taken action to prevent packaging waste, except for Greece, which reported that a National Waste Prevention Plan is envisaged by the end of Denmark, Portugal and Romania did not submit replies to the Implementation Questionnaires for the reporting period, but reported for the period that they have implemented measures to prevent the generation of packaging waste. These are summarised in detail below. It is worth highlighting the The second Courtauld Commitment in the UK and the "Ecobag" project in Luxembourg as good practice examples. The former is a voluntary agreement reported by the UK between the devolved administrations, food retailers and manufacturers, which began in 2010 and ended in December 2012, which prevented 2.3 million tonnes of waste. The latter reported by Luxembourg is a reusable bag replacing disposable carrier bags which helped to reduce the use of disposal bags from 70 million units in 2002 to 7.2 million units in In September 2012, the European Commission declared the "Eco-bag" project as best practice in the field of waste prevention. It is also worth noting that Poland reported that businesses that place packaging on the market Page 21 of 98

23 containing hazardous substances are obliged to levy a deposit on such packaging and to take it back and ensure its recovery, including recycling, or disposal. Member State replies are summarised below: In Austria, the Federal Ministry of Agriculture, Forestry, Environment and Water, waste associations and collection and recovery systems inform on prevention opportunities and advantages of return systems for used packaging. Collection and recovery systems have to support projects on waste prevention to an extent of % of the system fees, which accounts for around 400,000 per year. In Belgium, a General Prevention Plan for was introduced in A number of prevention measures have also been introduced in the three regions, Flanders, Wallonia and Brussels-Capital, but only the latter has a specific prevention plan adopted on 11 March All regions have voluntary agreements with the retail sector, which include targets for the reduction of disposable carrier bags. In addition, in the Flemish Region, specific prevention initiatives address households and businesses. The plan for environmentally sound management of household waste includes a number of action programmes on prevention of packaging waste. Further, the producer responsibility is imposed by a take-back obligation. By the agreements of the return systems Fost Plus and Val-I-Pac, collection scenarios for packaging waste from households and industries were developed. A large group of companies have introduced their first prevention plan since the entry into force of the Cooperation Agreement of 4 November The introduction of prevention plans is being done on-line since In Bulgaria, packaging and packaging waste standards BDS EN have been introduced to prevent the generation of packaging waste. A product tax on packaging has been introduced which also encourages manufacturers to use less packaging materials so as to avoid having to pay a high amount of product tax with respect to packaging. A product tax on non-recyclable polymer bags has also been introduced to limit the use of thin plastic bags that are a major source of pollution. The National Waste Management Programme (NPUDO), which is required under national legislation, includes a separate chapter on the management of packaging and packaging waste, measures to prevent or minimise the formation of packaging waste, and the multiple use of packaging. In Croatia, ordinance on packaging and packaging waste stipulates fees for producers which place package products on the Croatian market, and in particular special additional fees for manufacturers which place beverages in non-returnable packaging. Furthermore, producers have to apply a deposit-return system, named returnable fee, which is applied to the entire distribution chain. Consumers are entitled to a reimbursement if they return certain packaging for beverages. In Cyprus, educational material is distributed to schools, fairs, festivals, exhibitions etc. in conjunction with presentations and public dialogue. The educational material was prepared in cooperation with the collective system. There have been frequent communication and planning of actions with the collective management scheme Green Dot Cyprus (that represents 85% of the producers in Cyprus) to promote the producers Page 22 of 98

24 responsibility for the designing of products placed on the market. Finally, a seminar in 2012 was co-organized with the Cyprus Environmental Organisations (Greens) for the promotion of prevention and separate collection, opened to the public and relevant stakeholders. In the Czech Republic, a Waste Management Plan was adopted in October 2003, which contains measures and policies supporting Article 4. The issue of prevention was also incorporated into the authorising decision, in which the Ministry of the Environment granted the packaging recovery organization EKO-KOM (PRO EKO-KOM) permission to carry out the activities (associated compliance of take-back and recovery of packaging waste). PRO EKO-KOM systematically informs its clients (producers of packaging) about waste prevention. Another important measure that contributes to the reduction of the one-way packaging use and decreasing the production of packaging waste is that reusable packaging is not charged within the system of PRO EKO-KOM and it is thus financially motivated. In Denmark, a deposit system has been in place since the 1970s for beers and carbonated soft drinks in refillable containers. Since 1998 there has been a tax on certain types of packaging to encourage re-use and the substitution of more environmentally harmful materials with less harmful ones. Since 2007 a formalised cooperation agreement exists between the Danish Environmental Protection Agency and Danish industry and trade on packaging minimisation; one project is to develop guidelines for packaging producers and users to ensure they fulfil the essential requirements on minimisation. 35 In Estonia, a tax was implemented on packages of goods placed on the national market including domestic and imported packages (Packaging Excise Duty Act, RT I 1997, 5/6, 31; 2010, 28, 145). In Finland, one of the key objectives of the National Waste Plan for 2016 is preventing the generation of waste, including packaging waste. In practice, the quantitative target for preventing the formation of packaging waste is regulated in the Government Decision (962/1997) of packaging and packaging waste, section 5. The attaining of the target is laid down as a duty of producers (professional packers of products and importers of packaged products) with a turnover exceeding 1million. The Centre of Economics Development, Traffic and the Environment for Pirkanmaa (later Pirkanmaa ELY-Centre), which acts as a national authority of producer responsibility, supervises the attaining of the target. Also a tax on beverage containers is aimed at reducing the amount of one-way packaging. In France, under Article R of the Code of the environment, companies placing packaged products on the market have to financially contribute to or provide for the management of packaging waste. Eco-packaging and Adelphe companies were approved by decree of 21 December These companies are implementing, over the period of 35 Reply provided by the Member State to the Implementation Questionnaire Page 23 of 98

25 2011 to 2016, the specifications of the sectors of household packaging annexed to the decree of 12 November In Germany criteria for awarding the eco-label "Blauer Engel" (Blue Angel) for equipment for the production of carbonated water (soft drink makers) have been defined. Producers of such equipment can apply for the eco-label in the case that they comply with the requirements. In 2009, the Blue Angel was divided into four classes depending on whether a product primarily protects the climate, health, water or most relevant to waste prevention - resources. The scheme has several product groups addressing waste prevention including returnable transit and primary packaging. In 2011, 11,500 products and services in 90 categories offered by 1,050 companies display the Blue Angel. In Greece Article 5 of the National Law- 2939/01, foresees the possibility of setting up alternative management programs, which define the basic directions of waste management. One of the aims of these alternative management programs is the implementation of the principle of waste prevention. These programs, designed to promote and use any initiative taken towards prevention, are prepared by the Hellenic Recycling Agency in cooperation with economic operators, Local Authorities and other public authorities and organisations. It is noted that the National Waste Prevention Plan encompassing these programmes would be completed by the end of In Hungary, national legislation obliges all large companies to adopt individual waste management plans containing a separate chapter for packaging waste, including possibilities of waste prevention. In Ireland, the National Waste Prevention Programme developed and implemented by the Environmental Protection Agency has an overall objective of stabilising and, in the longer term reversing, the growth of waste generation across all waste streams. Work on the development of a packaging waste prevention programme commenced in 2006 under the title Prevent & Save. 36 Repak is the sole approved compliance scheme for the recovery of packaging waste in Ireland. The fee structure applicable to Repak members reflects that the polluter pays principle and directly incentivises the minimisation and re-use of packaging. Major producers which opt for self-compliance are required to pay registration fees to local authorities which are related to the weight of packaging placed on the Irish market. In Ireland, a plastic bag tax was implemented. Italy, during the reporting period , reported that legislative decree No. 152/2006 provides for the incentivisation and promotion of at-source prevention regarding the quantity and hazard level in the production of packaging and packaging 36 Preventandsave.ie, (2015). Prevent & Save -Repak s website for packaging optimisation, minimisation & prevention! [online] Available at: [Accessed 29 June 2015]. This website has been co-funded by Repak and the EPA with the support of the Department of Environment, Heritage and Local Government. It is part of Repak s Packaging Waste Prevention Programme which is a sub-group of the National Waste Prevention Programme. Repak's Packaging Waste Prevention Programme aims to assist Irish businesses with positive and practical ways to reduce packaging and to promote those achievements to a wider audience. Page 24 of 98

26 waste. The decree requires packaging producers and users to join the National Packaging Consortium (CO.NA.I). Consortiums ( consorzi di filera ) have been created (composed of packaging producers and users, and operators that recycle and recover packaging waste) in order to manage used packaging composed of specific materials; financing comes from membership fees and payments for their activities. Each consortium prepares a specific annual prevention programme, which has to be sent to the national packaging consortium CO.NA.I. On the basis of these programmes CO.NA.I prepares the annual General programme of Prevention and Management of Packaging and Packaging Waste, including measures on prevention and increasing the share of recyclable and reusable packaging. In Latvia, a tax on packaging is applied. This tax, which is levied according to the packaging weight, creates an incentive for packagers to reduce its weight. Given that the tax rate is differentiated according to the type of packaging material, packagers are also encouraged to use materials that are more environmentally friendly and recyclable. In Lithuania, Article 3 of the Law on Waste Management requires waste managers and generators to take all possible and economically reasonable measures to reduce the quantities of waste and the negative effects on human health and the environment, to develop and introduce low-waste technologies and to preserve natural resources. Quantitative prevention of packaging waste is also supported by the application of the producer responsibility principle to the management of packaging waste (for more details see the reply to Question 3.3 (Measures to Set up Return Systems) since the amount of contributions paid by producers/importers or the pollution tax rates are linked to the weight of packaging released into the market. In Luxembourg, a prevention agreement with the association Valorlux (Green Dot Luxembourg) in regard to the Eco-sac (eco bag) project was signed. The eco-bag is a reusable bag replacing disposable carrier bags which helped to reduce the use of disposal bags from 70 million units in 2002 to 7.2 million units in In addition, the system clever akafen ( buy clever ) was started to promote eco-friendly products and the prevention of packaging waste. The system established cooperation between producers, retailers and the Luxembourg Union of Consumers (ULC). In September 2012, the European Commission declared the "eco-bag" project as best practice in the field of waste prevention. In Malta, the Eco-Contribution tax provides a fiscal incentive for waste prevention. The Eco-contribution was introduced in 2004 through the Eco-Contribution Act (Cap. 473) which came into force on 1 September This tax imposed on a particular product is meant to reflect the cost of disposing of the used items. The amount of eco-contribution varies according to different products depending on the extent to which these products are harmful to the environment. In the Netherlands, as of January 1, 2006 the Packaging and paper and cardboard management decree was implemented. Regulations for prevention are part of the decree. Every year producers and importers have to report on their activities and accomplishments to the government. A draft modification of the decree aiming at Page 25 of 98

27 making it more sustainable, was notified to the Commission in 2010 (Notification 2010/0017/NL). In Poland, businesses that place packaging on the market containing hazardous substances are obliged to levy a deposit on such packaging and to take it back and ensure its recovery, including recycling, or disposal. Provisions for voluntary agreements are also in place under which businesses undertake to establish a system for collection and recovery, recycling or disposal of packaging waste containing hazardous substances. Businesses concluding such agreement are exempted from the obligation to levy a deposit. Businesses that place products on the market in composite packaging and producers of composite packaging have signed a voluntary agreement to undertake to collect waste generated by such packaging and ensure its recovery, including recycling. In Portugal, awareness raising on recovery of packaging waste was reported to be used as main objective to prevent the formation of waste. In this regard a number of awareness-raising measures were implemented from 2007 to 2009 including waste prevention by promotion of re-use. Order No 29-B/98 of 15 January 1998 recommends measures to promote the re-use of beverage packaging for which the tradition of using reusable packaging is gradually being abandoned. The measures have been continued to be followed. A government recommendation of 2008 promotes the reduction and end of the use of conventional plastic bags and replacement of them with reusable bags. Further, national legislation promotes the reduced use and re-use of carrier bags. Supermarkets have continued their voluntary schemes to promote the use of reusable carrier bags. 37 In Romania there are no specific programmes on packaging prevention. However, fiscal instruments to prevent packaging waste were introduced: Operators placing packaged products and/or packaging on the national market are required to pay a tax of RON 2/kg. The tax is paid on an annual basis to the Environment Fund if an operator does not meet the annual recovery target for packaging waste. For reusable packaging, the tax is paid only when such packaging is placed on the market for the first time to encourage the use of this kind of packaging. Since January 2009, operators placing bags made of nonbiodegradable material on the national market have to pay a tax of RON 0.2 for such bags. 38 In Slovakia, according to Article 3 of the Act on Packaging, producers or distributors of packaged products are obliged to establish a prevention programme if the amount of packaging they put on the market exceeds 10 tonnes per year. The programme shall contain quantitative prevention measures, measures for achieving the objectives and control mechanisms for the verification of the fulfilment of those objectives. In Slovenia, the Decree on the environmental tax on the generation of packaging waste (Official Gazette of the Republic of Slovenia Nos. 32/06, 65/06, 78/08, 19/10) provides, 37 Reply provided by the Member State to the Implementation Questionnaire Reply provided by the Member State to the Implementation Questionnaire Page 26 of 98

28 in Article 6, that the environmental tax is payable for all packaging put on the national market. Article 15 defines a five-year transition period ( ) before a higher tax for plastic packaging made from vinyl chloride or other halogenated olefins is calculated. Since January 2011 packaging made of plastic is taxed at a higher rate than other types of packaging. In Spain, most Autonomous Communities (AC) have approved Waste Management Plans or programmes which include specific measures to prevent packaging waste. Law 11/1997 of 24 April on packaging and packaging waste contained an additional provision whereby packers were obligated to establish business waste prevention programmes. Most AC have also taken steps to foster Prevention Programmes in companies, e.g. by voluntary agreements or 'Minimisation Programmes'. Some AC have also supported the development of Waste Prevention Plans at a local level. During the period, the Ecoembes Business Waste Prevention Plan IV and business waste plans from the beer industry, cider industry and wine and spirits industry were in force. Prevention is further fostered by communication and awareness raising, eco-design, regulation of the use of disposable carrier bags and the encouragement of re-usable packaging and increased separate collection, measures included in the National Integrated Waste Plan (PNIR). In Sweden, producers are responsible for packaging. The objective of the Swedish Ordinance (1994:1205) on producer responsibility for packaging is intended to keep packaging to the minimum required for safety and hygiene. Although overall standards have improved, the reply states that it is hard to tell which exact measures have been taken. In the United Kingdom, Producer Responsibility (Packaging Waste) Regulations require producers of packaging to ensure that a proportion of the packaging they handle is recovered and recycled. This will cost them according to how much they have handled. This gives a direct incentive to companies to ensure that their packaging is kept to the minimum amount necessary, which in turn prevents the generation of packaging waste. The UK has also implemented a number of voluntary responsibility deals whereby operators in a specific sector work to reduce the total amount of packaging used within that sector. The second Courtauld Commitment is a voluntary agreement between the UK Governments, food retailers and manufacturers, which began in 2010 and ended in December In October 2012, 2.3 million tonnes of waste were successfully prevented by Courtauld signatories and consumers. The packaging target is on course, at more than three quarters of the way towards the target of a 10% carbon reduction (2009 baseline). There has been a considerable 8.8% reduction in supply chain waste (2009 baseline) which is well ahead of the 3-year target of 5%. Carbon savings associated with the reduction in avoidable household food waste amounted to around 930,000 tonnes CO 2 equivalen t a year. Conclusion: Member States (27) have reported that they have taken measures to prevent packaging waste in (a similar situation to that in the reporting period). Greece is the only Member State that has reported that it has not taken any Page 27 of 98

29 action in this regard. Greece did not submit a reply to this question in the Implementation Questionnaire either. No significant changes occurred in comparison to the reporting period Measures reported by the Member States mainly consisted of the implementation of national and local prevention plans; producer responsibility schemes; taxation measures (e.g. plastic bag tax); pay as you throw systems; green public contracts; information and awareness-raising on prevention of packaging waste and re-use of packaging; eco-design; and Action Plans for the key industries that the different environmental agencies regulate. 3.2 Measures to Encourage Re-use Systems Question 2: Have measures been taken to encourage re-use systems in accordance with Article 5? If yes, describe the measures. Article 5 states that Member States may encourage re-use systems of packaging, which can be re-used in an environmentally sound manner, in conformity with the Treaty. Member States (23) have reported that they have taken measures to encourage re-use systems. Denmark, Portugal and Romania, which did not submit replies to the Implementation Reports to the Commission for , had also implemented measures to encourage re-use systems, as they reported for the period. France and the Netherlands reported not to have taken any such measures. From all reported practices, it is worth highlighting as good practice, Belgium, which reported that actions for re-use of packaging have been included into a statutory guidance on prevention of municipal waste; Estonia, which reported that a packaging tax was implemented as a fiscal measure by the Packaging Excise; Finland, which reported that re-use systems of packages are encouraged by economics instruments such as taxes and deposits; and Germany which reported that it established a deposit and return obligation for distributors of certain drinks sold in disposable packaging. Member State replies are summarised below: Austria has made administrative simplifications concerning the recording and notification requirements of the relevant national legislation. The mandatory notifications can be realised collectively in form of a pool for operators, i.e. by associations/interest groups. In Belgium, the interregional cooperation agreement favours the re-use systems by exempting reusable packaging from the take-back obligations. In the Flemish Region, reuse is encouraged through subsidies to local authorities. The actions of the plan for environmentally sound management of household waste also stimulate reuse. In the Brussels Capital Region, the actions are concentrating on reduction of disposable carrier bags by promoting reusable bags. The Walloon Region has adopted the waste management plan 2010 which favours re-use. In addition, statutory guidance on prevention of municipal waste includes actions for re-use of packaging which are subsidised by the government. Page 28 of 98

30 In Bulgaria, the Regulation on packaging and packaging waste introduced a relief for manufacturers and importers of packaged goods when marketing multi-use packaging. Multi-use packaging is only regarded as being marketed the first time it is placed on the market, regardless of the number of times it is used. An instruction issued to packaging waste recovery organisations has amended the definitions of the terms re-use and preparing for re-use, in line with the new Framework Waste Directive (2008/98/EC) and the Waste Management Act. This encourages the re-use of products or components of products that have become waste, so that they can be re-used without any other preprocessing. In Croatia, manufacturers of products are obliged to introduce and use reusable packaging. Producers which place on the market returnable packaging of drinks and beverages pay a lower fee. In Cyprus, no mandatory rules are in place, but awareness-raising measures were implemented using educational material concerning prevention, re-use, and recycling. Also some local companies were encouraged to re-use the glass bottles (for refilling purposes-beers/refreshments), cartons (for the distribution of products) and wooden pallets (for storage purposes). In the Czech Republic, commercial premises larger than 200 m 2 are required to offer beverages in reusable packaging if such packaging exists on the market. For selected types of returnable packaging, the levels of deposits were harmonised by means of Decree No. 116/2002. Reusable packaging is deemed to have been returned or recovered if at least 55%, by weight, of the packaging placed on the market or put into circulation anew is re-used. The decree also defines the deposit price for the selected types of returnable packaging. In Denmark, since 1970 there has been a deposit system for beers and carbonated soft drinks in refillable. Besides, there exist different transport packaging systems. Since 1998 there has been a tax on certain types of packaging to encourage re-use. 39 In Estonia, a packaging tax was implemented as a fiscal measure by the Packaging Excise Duty Act. The tax is imposed on packages of goods placed on the national market and includes domestic and imported packages. There is no reference to the mandatory deposit system for beverage packaging that has had a strong influence in preserving the relatively high share of refillable bottles on the beverage market. In Finland, re-use systems of packages are encouraged by economics instruments such as taxes and deposits. A fixed rate tax, regulated by the Excise tax Act (1037/2004), of 0.51 euros/litre is required on drinks sold in retail packages. There are some exceptions for imposing the tax, for example, there is no tax for the reusing of recyclable packages belonging to a deposit system. The deposit systems are approved and registered by the supervising authority (Pirkanmaa ELY-Centre). 39 Reply provided by the Member State to the Implementation Questionnaire Page 29 of 98

31 In Germany, a deposit and return obligation for distributors of certain drinks sold in disposable packaging was established. Reusable packaging is further promoted by the award of eco-labels. Greece responded to this question with a no; however re-use systems are very common for beverages (especially for beer and refreshment bottles). It is also noted that the reusable packaging displays a comparative advantage over others because the responsible producers of such packaging contribute financially to alternative management system when the package first enters the market, and this is a motive for the use of reusable packaging. Last, the re-use of packaging waste is among the objectives of the National Waste Prevention Plan. In Hungary, a packaging tax product charge is paid by obliged companies for reusable packaging only when the packaging is put on the market for the first time. In general the product charge is paid on the base of the mass of packaging. In Ireland, re-use is specifically encouraged under the regulatory regime which provides that packaging destined for re-use shall not be taken into account for the purpose of determining major producer status. Excluding such packaging from the calculation of packaging placed on the market by producers provides an economic incentive to promote the re-use of packaging. The introduction of the environmental levy on plastic shopping bags in early 2002 has also strongly encouraged the use of reusable shopping bags. The latest data (2012) indicates that the estimated per capita usage of plastic bags is 14 when compared to an estimated per capita usage of 328 before the levy was introduced. Re-use is also promoted and encouraged under the various initiatives of the National Waste Prevention Programme. Italy, during the reporting period , reported that re-use is one of the priorities of the overall action of the consortium system referred to in Legislative Decree No 152/2006. The consortiums ( consorzi di filera ) aim to rationalise and organise the reuse of used packaging, and the collection, sorting and recovery of packaging waste. The General programme of Prevention and Management of Packaging and Packaging Waste drawn up by CO.NA.I also includes measures related to increasing the share of reusable packaging compared to non-reusable packaging, and to improving the characteristics of packaging so that it can last longer. In Latvia, Article 18 of the Law on Packaging stipulates that a goods manufacturer using re-usable packaging is to establish a packaging deposit-and-return system. Application of the system is voluntary, and is aimed at glass bottles and plastic crates for storing bottles. In the reporting period, as in the previous one, Latvian legislation states that a taxable person that sells or, in the pursuit of their economic activity, uses goods in re-usable packaging does not pay a tax for this packaging if the type and weight of the re-usable packaging material can be justified with documentary evidence. During the reporting period, the Ministry of the Environmental and Regional Development (VARAM) drew up a concept document on the application of a deposit-and-return system for drinks packaging. Page 30 of 98

32 In Lithuania, targets have been set for packaging collection and re-use for Producers/importers placing products in re-used packaging on the market are not subject to the targets of packaging waste management. In 2010, the Ministry of Environment conducted a study on reusable packaging development to analyse best practices in other EU Member States and assess the options for their adoption in Lithuania. The National Waste Prevention Programme takes the findings of this study into account. In Luxembourg, two successful projects for the re-use of packaging have been in place for some years: the Eco-bag project which promotes reusable bags 40 and a project to encourage the use of reusable cups (e.g. at events). In Malta, producers can deduct the packaging material that is being re-used from the calculations on the amounts placed on the market. Other measures encouraging re-use systems have been consultation meetings and information campaigns. In Poland, vendors of beverages in one-way (disposable) packaging are obliged to include in their product ranges similar products that are in reusable packaging. In addition, also an obligation for retailers and wholesalers to take-back reusable packaging containing products which are included in their product ranges is in place. Manufacturers of products presented in such packaging are obliged to take-back the reusable packaging which has been collected by such traders. In Portugal, Order No 29-B/98 of 15 January 1998 recommends measures to promote the re-use of beverage packaging for which the tradition of using reusable packaging is gradually being abandoned. The measures have continued to be followed. The Resolution of the Assembly of the Republic No 32/2008, which is a Government recommendation, promotes the replacement of conventional plastic bags with reusable bags. Resolution of the Assembly of the Republic No 33/2008 promotes the reduced use and re-use of carrier bags. Supermarkets have continued their voluntary schemes to promote the use of reusable carrier bags. 41 In Romania, economic operators, which produce and/or market products packaged in reusable packaging have to apply a deposit system to ensure the re-use of the packaging. 42 Slovakia has introduced a deposit system for reusable beverage packaging as well as for non-reusable packaging. In Slovenia, measures for returnable packaging are defined in Article 38 of the Decree on the management of packaging and packaging waste. Under Article 5 of the Decree on environmental tax on the generation of packaging waste, no environmental tax is 40 Valorlux.lu, (2015). Opération éco-sac valorlux.lu. [online] Available at: [Accessed 29 June 2015]. 41 Reply provided by the Member State to the Implementation Questionnaire Reply provided by the Member State to the Implementation Questionnaire Page 31 of 98

33 payable if goods are packaged in returnable packaging. For economic operators that are required to ensure they are in line with the waste packaging management requirement, the requirement does not apply to packaging used within a controlled returnable packaging cycle. In Spain, most Autonomous Communities promote and authorise deposit and return systems that specifically target industrial packaging. In a limited number of regions, studies on the implementation of these systems for household waste have been carried out. Measures include inter alia voluntary agreements with the business sector and distributors, promotion of refill packages, communication with producers to apply minimum packaging required based on standards in UNE EN 1728, promotion of re-use of packaging in the hotel and restaurant industry, promotion of the elimination of existing legal barriers obstructing the use of secondary raw material for new products and the re-use or secondary use of packaging, workshops and awareness campaigns. In Sweden, a deposit-refund system for glass beverage containers has been running for a long time and a system for glass containers by breweries is running on a voluntary basis. The systems for metal cans and PET bottles also exist on a legal basis. In the United Kingdom, the Producer Responsibility Obligations (Packaging Waste) Regulations create a direct financial incentive to re-use packaging. UK businesses are required to ensure that a proportion of the packaging they handle is recovered and recycled. However in calculating how much packaging they must ensure is recovered and recycled producers can discount packaging that they have re-used. This creates a financial incentive for companies to use re-usable packaging. In addition, on behalf of the government, WRAP continues various works to encourage the use of reusable packaging. For example, a directory of reusable packaging suppliers and distributors that provide solutions for the UK retail supply chain is promoted and maintained. Conclusion: Nearly all Member States (26) have reported that they have taken measures to encourage re-use systems in accordance with Article 5 of the Directive in France and the Netherlands have reported that they have not done so. The most commonly introduced measures to encourage re-use systems mentioned by Member States are very much alike to the ones used for waste packaging prevention, such as: the use of deposit and return systems that specifically target industrial packaging; taxation measures (e.g. reusable packaging only taxed the first time it is placed on the market, or exempt from taxation); obligations to offer products in reusable packaging if it exists; promotion of re-use within waste plans and as waste prevention measures; and information and awareness-raising measures. Some progress has been made since the reporting period in terms of new measures being introduced by Member States to encourage re-use systems. Sweden reported that a new deposit refund system has been implemented in Even Page 32 of 98

34 though there is no significant progress made in Latvia, the Ministry is working on the introduction of mandatory deposit system Measures to Set up Return Systems Question 3: Have the necessary measures been taken pursuant to Article 7 to set up systems for the return and/or collection of used packaging and/or packaging waste and systems for the re-use or recovery, including recycling of packaging and/or collected packaging waste? If no, state why. If yes, give details of the measures taken and of the systems which have been set up. Article 7 states that Member States shall take the necessary measures to ensure that systems are set up to provide for the return and/or collection of used packaging and/or packaging waste and the re-use or recovery including recycling of the packaging and/or packaging waste collected. It also states that these measures shall form part of a policy. All Member States (25) that submitted replies to the Implementation Questionnaires to the Commission for have reported that they have taken measures to set up return systems. Denmark and Portugal did not submit replies to the Implementation Questionnaires for the period, but reported for the period that they had set up producer responsibility systems. In addition, based on the compliance promotion exercises undertaken in Romania and relevant information on its national websites regarding return systems, it can be confirmed that Romania has also done so. From all reported practices, it is worth highlighting that Poland obliges retailers and wholesalers to take-back reusable packaging containing products which are included in their product ranges. In addition, manufacturers of products presented in such packaging have to take-back the re-usable packaging which has been collected by such traders. A second noteworthy measure is applied in Sweden: national legislation obliges packaging producers to ensure that there are suitable collection systems for their packaging. To this end, industry and trade have joined forces and organised the collection of packaging by setting up about 6,000 recycling sites throughout Sweden where people can deposit their used packaging and newspapers. Member State replies are summarised below: In Austria a take-back obligation for returnable packaging for producers and distributors has been established. Alternatively, participation in a collection and recovery system is possible. In Belgium, collection and recovery systems have to be authorised by the Interregional Packaging Committee (CIE). The collection and recovery systems are responsible for achieving the recycling and recovery targets of their members. Currently, two systems 43 The conception document was approved by Council of Ministers in Page 33 of 98

35 are operating (Fost Plus and Val-I-Pac). The CIE provides self-declaration documents for businesses to report their take-back obligations. In Bulgaria, packaging waste recovery permits have been issued to six organisations in 2010, eight in 2011 and six in 2012, which are responsible for the collection and recovery of the waste generated by their members (companies). Packaging waste recovery organisations that are currently in operation and are responsible for meeting the national targets for recovery and recycling of packaging waste are: Ecopack Bulgaria AD, Ecobulpack AD, Repack AD, Bulecopack AD, Ecoresource Bulgaria AD and Ecocollect AD. In Croatia, there are three different fees on waste packaging: a disposal fee, a returnable fee and an incentive fee. An economic operator may be exempted from paying the environmental tax on packaging if they ensure that its own deposit and return system achieves a rate of return above 50% of the packaging introduced into the market. In 2006 Cyprus established a collective management scheme (collective system) for packaging waste called Green Dot Cyprus. In 2012 it covered 85% of the population (28 municipalities and 60 communities in Cyprus) with 831 registered members/producers. A permit was given to two individual schemes for packaging dealing with specific packaging and five more companies/producers submitted applications in 2012 in order to also be licensed individually. In the Czech Republic, the obligation of packaging waste return and recovery is laid down in the Packaging Act. No. 477/2001. Companies may be authorised to operate compliance schemes for the return and recovery of packaging waste ( authorised packaging companies ). Authorised companies are obliged to provide services under uniform conditions to all economic operators placing packaging on the market regardless if goods are domestic or imported. Currently, there is one authorised packaging company (EKO-KOM a.s.). In Denmark, most packaging waste is collected for recycling via municipal collection schemes, typically bring-banks or kerbside collection. All local authorities must establish collection schemes for the recycling of glass, metal, plastic and paper/cardboard packaging waste from households. For enterprises, local authorities assign packaging waste either to a specific treatment facility or recycling. Since 2002, disposable packaging for beer and carbonated soft drinks has been collected via a deposit and return system (Dansk Retursystem). During 2007 to 2009 the system has been extended so that also packaging for water and non-carbonated mineral water are included. 44 In Estonia, the Packaging Act states that producers may transfer their obligations for collection and recovery to accredited recovery organisations operating as non-profit organisations. A recovery organisation must inform the public and consumers about the rules and requirements for returning packaging and packaging waste. An overview of the activities in the preceding calendar year is to be presented to the Minister of the 44 Reply provided by the Member State to the Implementation Questionnaire Page 34 of 98

36 Environment by March 31 st each year. From 2010 to 2012 there were four accredited recovery organisations in operation: one in the deposit system (plastic, metal and glass - including reusable- containers for beverages) and three in the container-based collection scheme (transport packaging, grouped packaging and sales packaging). The number of companies joining this scheme has increased by 6-7% since the reporting period. In Finland producer responsibility (regulated on the Waste Act, Chapter 6) obliges producers to organize the collection, re-use, recovery or suitable treatment or disposal of their products and wastes derived from them, and to cover the related costs. Also the attainment of recovery targets is their obligation. The producers may pool their responsibilities by joining a producer organization to fulfil their obligations. Each packaging material has its own producer organization. The producer organisations collect recovery fees from the producers to cover the costs of the recovery system. The amount of the fees depends on the packaging material. In France, different obligations are in place for household and industrial packaging. For household packaging, the marketer of packaged products has to contribute to or provide for the management of all packaging waste whose ultimate owners are households. This can be done through individual management systems or authorised organisations such as Eco-Emballages and Adelphe. For industrial packaging, Decree No of 13 July 1994 states the obligation for holders of packaging waste to re-use, recycling or any other action aimed at obtaining reusable materials or energy. In Germany, the economic operator introducing a packaging (containing a product) on the market is obliged to financially support a collection and recovery system for packaging and packaging waste of households and similar sources (dual waste management system). For wholesale trade and industry, there are a number of waste management companies specialized in return, collection and recovery of transport packaging. Further, there are nationwide companies specialized in collection and recovery of specific types of packaging. For disposable drinks packaging subject to a deposit-return-recovery system a nationwide standardised deposit and recovery system (die Deutsche Pfandsystem GmbH (DPG)) has been established. In Greece, measures have been taken to set up return systems. Under the provisions of Law 2939/2001, which incorporates the Directive 94/62 into national law, systems are established for the organisation of the alternative management of packaging and packaging waste. There are four approved systems for the alternative management of packaging and packaging waste. In Hungary, Decree 94/2002 established collecting recovery organizations (CROs or coordinating organisations), but the obliged companies, those which put packaged goods on the Hungarian market, may also fulfil obligations individually. Both systems (product charge and recovery license- fee ) run in parallel and are controlled by the authorities (environmental, tax and customs). In Ireland, all local authorities have provided facilities whereby householders may deposit specified packaging waste for recycling. In 2010, 82,908 tonnes of household Page 35 of 98

37 waste was collected from 1,922 sites; in 2011, these figures were 82,149 tonnes and 1,891 sites. Local authorities have also established larger civic amenity sites where citizens may deposit a greater range of household waste for recycling. 107 civic amenity sites collected 141,235 tonnes in The regulations also require packaging producers to separate specified packaging waste arising on their premises and ensure that it is collected for recovery by authorised operators. Self-compliers are required to accept packaging waste at their premises. Italy, during the reporting period , reported that Article 22 of Law 152/2006 allows for producers to meet their recycling and recovery objectives independently or through associations, through consortiums ( consorzi di filera ), or through the creation of deposit systems ( sistema cauzionale ). CO.NA.I defines, in collaboration with regions and public administrations, the organisation of integrated systems of collection, sorting and transportation of materials to collection and disposal centres. It also defines, again in collaboration with public administrations, the conditions for producers to take-back waste collected for recycling. In December 2004, CO.NA.I forged an agreement with the National Association of Municipalities (ANCI) that establishes how to packaging waste should be collected for recycling or recovery. In Latvia, economic operators may be exempted from paying the environmental tax on packaging if they ensure implementation of those provisions on the recovery of packaging waste contained in environmental protection legislation and fulfil one of the following conditions: 1) having established and applying a packaging waste management system and having concluded a contract with the Latvian Environmental Protection Fund, on the application thereof; 2) having concluded a contract with the packaging manager on participation in the packaging waste management system. Exemptions from payment of this tax were granted at the end of the reporting period to fifteen registered traders for the first case and four traders for the second case. During the reporting period, resources obtained from the European Union Cohesion Fund to establish infrastructure for separate waste collection, with the purpose of developing packaging waste deposit and return systems and re-use and recycling systems. In Lithuania, the Law on Waste Management sets out responsibilities for economic operators (producers, importers and waste managers) as well as public authorities in the development of a system for management of waste, including packaging waste. For packaging waste generated in business and organisations, the responsibility for collection, sorting and transfer to waste managers rests with the waste holder. Producers/importers placing packaged goods on the market must either meet targets for the recovery and recycling of these goods or pay the relevant tax. Municipalities have to ensure availability of waste sorting facilities at the source in urban areas and villages and of suitable methods for collection of packaging waste. Because the system described above failed to ensure the financing of sorted collection of municipal waste by producers/importers, amendments to the relevant national were adopted by the end of Page 36 of 98

38 In Luxembourg, the Green Dot system is in place and an agreement with the association Valorlux was established (authorised waste management association for recovery and recycling of household and similar packaging). In Malta, in order to encourage the activities for separate collection and recycling/recovery of packaging waste, the Eco-Contribution tax was launched. When putting packaged goods on the Maltese market, the producer or importer has to pay a certain amount of money as an eco-contribution to balance for the negative environmental impact these products and their packaging might generate. Bring-in sites have been set up in various areas across Malta and Gozo to facilitate public participation in the collection of clean, source segregated recyclable materials. In 2009, two collective producer recovery scheme operators, permitted by the Competent Authority, have entered into arrangements to fund the collection of separately collected recyclable waste through the Recycle Tuesdays (offers a weekly kerbside collection for dry recyclables) from about 40 local councils. In addition to this, one scheme launched a collectable scheme whereby a number of jars of a particular product could be exchanged for gifts, thus ensuring their recycling. The same scheme also collects glass door-to-door on particular days. Commercial entities may setup their own collection systems by appointing private contractors. In the Netherlands, according to the decree on packaging and paper and cardboard management, it is mandatory for producers and importers to create a system for the withdrawal and/or collection of used packaging and/or packaging waste. A draft modification of the decree, aiming at making it more sustainable, was notified to the Commission in 2010 (Notification 2010/0017/NL). In Poland, retailers and wholesalers are obliged to take-back reusable packaging containing products which are included in their product ranges. Manufacturers of products presented in such packaging are obliged to take back the reusable packaging which has been collected by such traders. Retail and wholesale outlets with a surface area exceeding 2,000 m2 are obliged to collect packaging waste separately. Recovery and recycling rates for packaging waste are set for businesses which place products on the market in packaging. These may be achieved with the help of waste recovery organisations which are open-membership entities organising the collection and recovery of packaging waste. Portugal, reported that during the reporting period efforts were made to provide the necessary infrastructure for the selective collection and sorting of packaging waste for subsequent recycling. In December 2009, 29 operational sorting points, 190 operational collection points and 30,839 operational recycling containers were in place. In addition, an assessment was made of the use of licensed packaging waste management systems, including integrated systems or a one-way deposit system. Possible solutions for problems encountered were discussed with the objective to gradually improve the existing management system. Over the three-year reporting Page 37 of 98

39 period, three management bodies operated an integrated system: Sociedade Ponto Verde, SIGERU (integrated packaging and agricultural waste management system) and Valormed (integrated medicine packaging and waste management system). 45 In Romania, new measures have been put in place to set up return systems. Producers placing packaged products and/or packaging on the national market are obliged to achieve the minimum set recovery and recycling targets or to join one of the authorised Recovery Organisations for packaging waste (Eco-Rom Ambalaje, INTERSEMAT, ECOLOGIC 3R, SOTA GRUP 21, ECO-X, ECO PACK MANAGEMENT, RESPO WASTE). There are seven collective compliance schemes for packaging waste in comparison to the five authorised systems during the previous reporting period ( ). The Green Dot system of packaging waste management was introduced to Romania with EcoRom Ambalaje. In 2009, there were 885 officially registered packaging companies [ReTECH 2009]. The compliance schemes are held responsible for establishing partnerships with local authorities, sanitation and transportation companies, as well as companies specialised in packaging waste recycling. In Slovakia, a non-governmental recycling fund is in operation financially supporting the collection, recovery and treatment of waste including packaging waste (metal, glass, plastic and paper). Producers and importers are obliged to pay a fee to the recycling fund. A system of authorised organisations has been established to collect, recover and recycle packaging waste for their clients at least to the extent required by limits set out by Decree of SR Ministry of Environment No. 91/2011. In Slovenia, measures for return and/or collection and of re-use or recovery of packaging waste are set out in the Decree on management of packaging and packaging waste. The requirements address inter alia producers, distributors, final users, packagers, importers, traders and packaging waste management companies. The provisions apply to all packaging placed on the market and to all packaging waste generated. Packaging waste management companies may operate with an environmental permit. They must comply with the requirements set out. Five packaging waste management companies have obtained an environmental permit for the management of packaging waste (SLOPAK, INTERSEROH, UNIREC, SUROVINA and RECIKEL). In Spain, Law 11/1997 of 24 April on packaging and packaging waste establishes the obligation for packagers to establish a deposit, return and recovery system. However, Article 7 states that these agents may be exempt from this obligation if they participate in an integrated system for the management of used packaging and packaging waste deriving from the products they sell. These integrated systems are based on the regular collection of used packaging and packaging waste from consumer homes and their surroundings, and they must be authorised by the competent bodies of the autonomous communities in which they are implemented, having heard the opinions of consumers and users. All Autonomous Communities have authorised collective compliance schemes 45 Reply provided by the Member State to the Implementation Questionnaire Page 38 of 98

40 for the return and management the household packaging waste (ECOEMBES, ECOVIDRIO), medicine packaging waste (SIGRE) and for phyto-sanitary products packaging waste (SIGFITO). In Sweden, national legislation obliges packaging producers to ensure that there are suitable collection systems for their packaging. To this end, industry and trade have joined forces and established materials companies. These organisations have organised the collection of packaging by setting up about 6,000 recycling sites throughout Sweden where people can deposit their used packaging and newspapers. The collection system is funded for example with the help of packaging fees paid by producers, i.e. companies that import goods, fill packaging or sell items. The collection of packaging is funded also by revenue from the sale of packaging material for recycling. In the United Kingdom, different collection systems exist for packaging waste provided by local authorities, waste management companies and compliance schemes. Local authorities may choose the collection system and contract with waste management companies and compliance schemes providing that service. Funding is from producers through the Producer Responsibility Obligations (Packaging Waste) Regulations. The PRN system provides an incentive for producers to collect their own packaging waste. This reduces the financial burden on them as they can then exchange the packaging waste for Packaging waste Recovery Notes (PRNs) from the reprocessor of the packaging waste (e.g. retailers are segregating cardboard and shrink wrap and sending this for recovery and recycling). Zero Waste Scotland, on behalf of the Scottish Government, is currently running two Deposit Return and six Reverse Vending system pilots across a range of venues. Conclusion: All Member States have reported that they have taken measures to set up return systems in As outlined in their replies, in Member States producers are generally obliged to takeback packaging waste and establish their own take-back systems or to fulfil their obligations by participating in a return system covering the return, collection, re-use, recycling or other recovery of packaging waste. Some Member States have also reported that they have established municipal/public schemes for the return of packaging and packaging waste. When comparing to previous reporting period, it is worth mentioning that Cyprus has reported that it has since been working to expand its collective management scheme for packaging waste, where in it had not done so. Romania has made some progress in that it has now reported seven collective compliance schemes for packaging waste in comparison to the five authorised systems during the previous reporting period ( ). France, Greece and Malta have now reported on detailed specific measures to set up return systems. Page 39 of 98

41 3.4 Recovery and Recycling Targets and Method Used to Obtain Data Question 4: With regard to achievement of the recovery and recycling targets referred to in Article 6, please fill in and attach the formats adopted pursuant to Article 12 (3) indicating the method used to obtain data. Article 12 (3) states that in order to harmonise 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 data in formats which shall be adopted on the basis of Annex I II, in accordance with the regulatory procedure referred to in Article 21(2). attachments in formats adopted on the basis of Annex I and II, in accordance with the regulatory procedure referred to in Article 21(2), were submitted by any of the Member States (except from Cyprus, which submitted data for 2010 and 2011). All of the reporting Member States (25) referred to the data submitted on an annual basis to the Commission and published by EUROSTAT. 46 Relevant data for these Member States, as well as for Denmark, Portugal and Romania can be found in Section 4.0 of this report. Croatia, Cyprus, Estonia, Greece, Hungary, Italy and the UK also submitted information on applied methods to obtain the statistical data; these are summarised below. Member State replies are summarised below. In Croatia, the Ordinance on packaging and packaging waste states that any producer or importer of packaging products who places them on the market has to submit periodically reports to the Environmental Protection and Energy Efficiency Fund. The Environmental Pollution Register also contains data about generation, transport, recovery and disposal of waste. In Cyprus, data is requested yearly from various sources: 1) Green Dot Cyprus - collective management scheme for packaging waste (GDC) for the quantities of packaging placed on the market by their members/producers and the quantities recycled; 2) Responsible producers that are not members of GDC; 3) Waste management facilities (recycling/recovery/export); 4) Environment Department s (DoE) export data base (EDB); 5) data form tender documents. In Estonia three sources were used to obtain the data communicated to the Commission: 1) different waste reporting (quantities of packaging waste collected separately and sorted, quantities of mixed municipal waste in Estonia); 2) a study titled "A Study of the composition of mixed municipal waste, separately collected paper and packaging waste and waste electrical and electronic equipment generated in Estonia" 46 Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 40 of 98

42 (2013); 3) assessments from waste management companies (a break-down of hazardous packaging waste by packaging material). In Greece, data used comes from the following sources: The annual reports submitted by the approved systems for alternative management of packaging waste. Data provided by sectorial associations such as Federation of Greek Industries Paper (SE.VI.CHA.), Association of Plastic and YIOULA Glassworks, Hellenic Union of Aluminium and Union of Steel Industries. As regards data on exports of packaging waste, it is provided by the Ministry of Environment, Energy and Climate Change which is the competent authority for exports of packaging waste. Cross-checking of the data using the sector studies of packaging performed by business services groups. In Hungary data gathering was based on the following sources (percentages are indicating the ratio of the covered data): National Inspectorate for Environment, Nature and Water (83%); Coordinating Organizations (80%); Producers, with self-compliance (3%); Exemption given by law for small shops (less than 200 kg plastic and 500 kg paper as packaging yearly) (1,9%); Hungarian Customs Authority (payment of product charge only, no membership yet in the organisations) (11,7%). In Italy the main data source for estimating the quantities of packaging placed on the market in Italy, net of declared exports and broken down by material, is the 'CONAI (National Packaging Consortium) environmental contribution'. The environmental contribution data have been supplemented and validated by ISPRA (National Institute for Environmental Protection and Research) through a number of additional assessments on, for example: possible evasion/avoidance; unsuccessful requests for exemptions for the export of filled packaging; possible errors in interpreting the scope of the contribution; and possible errors in consortium members' declarations. For the other indicators requested, ISPRA validated the data by cross-referencing different information flows, such as sector studies, MUDs (single declaration forms), processed data on the separate collection of waste (obtained from the replies of public and private bodies to dedicated questionnaires drawn up by the Agency) and targeted surveys of plants. In the United Kingdom, the estimates for the amount of packaging flowing onto the UK market and ultimately into the UK waste stream have been made by Defra following discussion with the main packaging Material Organisations (MOs), key industry parties, such the Government s Advisory Committee on Packaging (an industry body which advises Government on issues connected with the packaging Regulations), and the Environment Agencies. This data is then cross-checked with the sales data obtained from major retailers and from various market research reports, plus any market analysis undertaken by the Waste and Resources Action Programme (WRAP), a government sponsored delivery body. Recovery and recycling data has been compiled on the basis of information that accredited reprocessors and exporters are required to submit to the Environment Agency, the Scottish Environment Protection Agency (SEPA) and the Page 41 of 98

43 Northern Ireland Environment Agency (NIEA) (collectively referred to as the Agencies ), under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (the Regulations ) via the online National Packaging Waste database (NPWD). Under the UK Regulations the amount of packaging waste recovered in the form of energy is not identified by packaging material. However, the Agencies estimate that about 40% of the packaging waste recovered in the form of energy was plastic packaging waste and the remaining 60% was paper packaging waste. Conclusion: attachments in formats adopted on the basis of Annex I and II, in accordance with the regulatory procedure referred to in Article 21(2), were submitted by any of the Member States (except from Cyprus, which submitted data for 2010 and 2011). All of the Member States (25) referred to the data submitted on an annual basis to the Commission and published by EUROSTAT. 47 Data was submitted separately for Denmark, Portugal and Romania as well. Croatia, Cyprus, Estonia, Greece, Hungary, Italy and the UK submitted information on applied methods to obtain the statistical data. Given this question does not appear in the Implementation Questionnaire , no comparisons can be made to indicate progress since the last reporting period. 3.5 Encouragement of the Use of Recycled Material Question 5: Has the use of materials obtained from recycled packaging waste been encouraged in accordance with Article 6 (4)? If yes, describe the measures undertaken. Article 6(4) states that Member States shall, where appropriate, encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products by improving market conditions for such materials and reviewing existing regulations preventing the use of those materials. A total of 16 Member States that submitted replies to the Implementation Questionnaires have reported that they have encouraged the use of recycled materials. Nine have not. These are Bulgaria, Cyprus, Finland, France, Greece, Malta, Slovakia, Slovenia and Sweden which responded negatively. Denmark, Portugal and Romania did not submit replies to the Implementation Questionnaires for the period, but reported for the period that they encouraged the use of recycled materials. From all reported practices, it is worth highlighting that Germany reported that there is a legal obligation of manufacturers and distributors for product stewardship by "the 47 Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 42 of 98

44 preferential option of recoverable waste or secondary raw materials in the manufacturing of products". In addition, Ireland reported that it had established, a few years ago, a Market Development Group to oversee the development of a Market Development Programme aimed at facilitating the development of stable and economically attractive markets and outlets for recyclable materials. The work of the Group focused, in particular, on three priority waste streams: paper, plastic and compost. Both can be read as examples of good practice with regards to encouraging the use of recycled material. From the nine Member States which have reported that no measures to encourage the use of materials obtained from recycled packaging waste had been taken, Bulgaria, Cyprus, Finland, France, Malta, Slovakia, and Slovenia responded negatively without providing further details. Greece and Sweden submitted additional information. These are summarised below. Member State replies are summarised below: In Austria in the frame of a voluntary environmental commitment by the Austrian industry (sustainability agenda of the Austrian industry for beverage packaging) a higher percentage of material recycling is promoted, especially for PET packaging (e.g. thorough "bottle to bottle" recycling). In Belgium, federal laws exist on product standards and ecotaxes. The three regions along with Fost Plus, Val-I-Pac and the Scientific and Technological Centre for Construction (CSTC) funded the creation of a catalogue of recycled products. The Walloon Region WMP provides for the promotion of products made from recycled material and for the organisation of the creation of recycling networks. In Croatia, collection, recovery and use of recycled materials is promoted through the payment of compensation to authorised collectors, through the sale of collected packaging waste to recovery operators at a price lower than price of the European Union market and at a price that is agreed with recovery operators. The Czech Republic provides funding for projects that promote waste recovery and recycling through the Environment Operational Programme ( ). The support of waste recycling is included in the next programming period after 2013 as well. The State Environmental Policy and the Waste Management Plan also promote material recovery of waste. A direct support for products made of recycled materials has not yet been implemented. In Denmark, the tax on waste treatment and the ban on landfilling of waste suitable for incineration support the re-use of materials obtained from recycled packaging waste Reply provided by the Member State to the Implementation Questionnaire Page 43 of 98

45 In Estonia, EU Cohesion Funds made a research project entitled "Development of collection, sorting and recovery of waste" for the period possible. It includes packaging waste. In Germany, there is a legal obligation of manufacturers and distributors for product stewardship by "the preferential option of recoverable waste or secondary raw materials in the manufacturing of products". An Eco-label called "The Blue Angel" is a certification for products and services that have environmentally friendly aspects. It makes particular emphasis on the use of secondary raw materials. Greece reported that the use of materials obtained from recycled packaging waste have not been encouraged in accordance with Article 6(4). It is noted though that the Ministry of Environment, Energy and Climate Change promotes the green procurement procedures for public sector, according to the European Commission requirements. Hungary organized Mobil exhibitions showing goods made from recycled materials (paper, plastic, metals etc.) visiting several Hungarian cities and were followed by local TV, radio, internet, print media. A National beverage cartons collection campaign took place in In 2004, Ireland established a Market Development Group to oversee the development of a Market Development Programme aimed at facilitating the development of stable and economically attractive markets and outlets for recyclable materials. The work of the Group focused, in particular, on three priority waste streams: paper, plastic and compost. A Market Development Programme for Waste Resources was formally published in April 2007 and contains 35 specific actions to overcome the barriers to achieve greater levels of recycling in Ireland. A dedicated implementation team was put in place early in 2008 with a view to putting the Programme into action. 49 In Italy, the criteria for the provision of information on the management of packaging waste are indicated in Article 219 of Legislative Decree No 152/2006. CO.NA.I and the individual sector consortia have organised various information and awareness-raising campaigns and training seminars aimed at consumers and users of packaging. This information concerns, in particular, the systems for return, collection and recovery, the role of packaging users and consumers, the important points of the programmes for managing packaging and packaging waste, and the important points of the specific provisions contained in the regional plans. In Latvia, consumption of products obtained from recycled packaging waste is encouraged with the help of green public procurement. According to the Public Procurement Law public supply or service contracts incorporate requirements on environmental protection (i.e. eco-label). The use of products derived from recycled 49 Rx3.ie, (2015). Rx3 Home. [online] Available at: [Accessed 29 June 2015]. Rx3 was developed by the Department of Environment, Heritage and Local Government (DECLG) and it is tasked with project managing the key objectives and deliverables of the Market Development Programme for Waste Resources Page 44 of 98

46 packaging is also indirectly stimulated through educational activities organised by VARAM and packaging managers. In Lithuania, the State Strategic Waste Management Plan identifies the following methods of waste recycling promotion in Lithuania (some of those methods promote the use of materials obtained from recycled waste as well as packaging waste): The National Implementation Programme for green procurement; The development of a market of products and materials produced from secondary raw materials and the Certification system for the products and materials obtained from recycled waste. In 2011, a research project commissioned by the Ministry of Economy identified the critical priority raw materials (including those obtained from waste) for Lithuania s economy and assessed their effects on Lithuania s competitiveness. In Luxembourg, according to the Decree of 1 February 2008, the authorised system for take-back and recycling of packaging waste Valorlux may contract recycling networks to ensure the proper material recovery. Pursuant to Article 4 of the decree, only packaging waste which cannot be recycled may be subject to thermal treatment for energy recovery. The management of packaging waste is oriented towards high quality recycling to maintain the secondary raw material as long as possible in the economic circuit. Doorto-door collection of plastics, metals and drink cartons is organised by Valorlux. Transparent and slightly blue PET is now treated in a stream of "bottle to bottle". The reusable Eco-sac (eco bag) which is promoted on a national scale by retailers contains 40% recycled PE - HD. The Netherlands have only made reference to Article 3 of the Packaging and Paper and Cardboard management decree that is in force since A draft modification of the decree, aiming at making it more sustainable, was notified to the Commission in 2010 (Notification 2010/0017/NL). In Poland, businesses which place products on the market in packaging finance the recovery and recycling of waste packaging in order to meet the required recovery and recycling rates. In the process they reduce the costs of manufacturing products derived from recycling packaging waste, enhancing their market position. A proportion of the product charges, paid by businesses that do not meet the required recovery and recycling levels, are used for financing the recovery and recycling of packaging waste, including in the form of preferential loan interest rates, where repayments may be waived if certain conditions are met. In Portugal, EU funds have been used to support measures to encourage the use of materials obtained from packaging waste. The National Green Public Procurement Strategy for lays down environmental criteria with a specific criterion for incorporation of recycled materials in products purchased through public procurement. The LIFE+ financed project Ecovia is concerned with creating materials from recycled cardboard packaging for beverages, rubber and mixed plastic waste. New products for the road transport sector (e.g. road signs and central barriers) are made from waste including packaging waste. Page 45 of 98

47 In Romania, under the GD No 621/2005 as amended by GD No 1872/2006 in the procurement of products from public funds, priority is given to products obtained from recycled products or whose packaging is obtained from recycled material. 50 In Spain, some autonomous communities have encouraged the use of materials derived from recycled packaging waste through awareness raising campaigns, implementing measures focused on 'green procurement' or establishing agreements with the Council of Official Chambers of Commerce and Industry to provide an environmental assessment of companies and to distribute information on recycling and recycled sub-products. Business waste prevention programmes to be implemented by packagers which exceed the established thresholds, may include objectives and measures focused on the incorporation of secondary raw materials deriving from recycled packaging waste in the manufacturing of new packaging in conformity with national legislation on Packaging and Packaging Waste. In application of this provision, many packaging companies are now incorporating recyclable waste material into their new packaging. Additionally, the PNIR encourages the use of waste recycling materials instead of raw materials and the promotion of such products (e.g. by encouraging green purchases by the government and, where possible, by the private sector). Sweden reported that it is probable that use of materials obtained from recycled packaging was encouraged in period, but no further information was submitted. In the UK, the majority of producers choose to meet their recovery and recycling obligations by joining a compliance scheme. One of the requirements placed on compliance schemes is to have policies in place showing the steps they will take to increase use of recycled packaging waste in the manufacture of packaging or other products supplied by their members. WRAP has undertaken projects aiming at the break down commercial and technical barriers. The voluntary agreement Courtauld Commitment between grocery retailers and WRAP aimed at reducing food and packaging waste. Inter alia, retailers are being encouraged to meet specified targets through increased use of recycled material in their packaging. In addition, public procurement standards require the use of recycled material. Conclusion: Member States (19) have reported that they have taken measures to encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products in Bulgaria, Cyprus, Finland, France, Greece, Malta, Slovakia, Slovenia and Sweden responded negatively. The most common measures include: green procurement; promotion within waste management plans of the use of recycled materials; financing of projects or research 50 Reply provided by the Member State to the Implementation Questionnaire Page 46 of 98

48 into the promotion of recycled materials; information and awareness-raising activities; measures specifically related to drinks packaging; and eco-certification of products. In Germany, producers and distributors must prioritise recycled content when manufacturing products. Even though no significant changes have occurred in comparison to the previous reporting period ( ), it is worth mentioning that France, during that last reporting period, reported that it had taken measures to encourage the use of materials obtained from recycled packaging waste for the manufacturing of packaging and other products. However its reply to this reporting period was that no such measures were any longer in place. 3.6 Information Campaigns Question 6: How have the measures and targets referred to in Article 6 (1) (a) and (b) been published in accordance with Article 6 (6)? Describe the information campaign aimed at the general public and economic operators. What measures have been taken in accordance with Article 13 to ensure that users of packaging receive the information laid down in that Article? Article 6(1)(a) requires Member States to take the necessary measures to attain certain targets on packaging waste recovered or incinerated at waste incineration plants with energy recover no later than 30 June Article 6(1)(b) requires Member States to take the necessary measures to attain certain targets on packaging waste recovered or incinerated at waste incineration plants with energy recovery no later than 31 December Article 6(6) states that measures and targets referred in this Article shall be published by the Member States and shall be the subject of an information campaign for the general public and economic operators. Article 13 requires Member States to take measures to ensure that users of packaging, including particular consumers, obtain the necessary information on return, collection and recovery systems, their role in contributing to re-use, recovery and recycling of packaging and packaging waste, the meaning of markings on packaging, and the appropriate elements of waste management plans. Member States (23) have described the information campaigns they have. Denmark, Portugal and Romania did not submit replies to the Implementation Questionnaires , but their replies to the Implementation Questionnaires have been considered where they had reported on the information campaigns. Luxembourg and the Netherlands did not provide any details on information campaigns either but their replies to the Implementation Questionnaire have also been considered. These replies are summarised in detail below. From all reported practices, it is worth highlighting that Belgium provides comprehensive information material through a wide variety of media channels and by participation processes. In that same line, Lithuania reported that it offers such Page 47 of 98

49 information via a website as well as by phone or . Recently, Lithuania activated an information channel posting and has been archiving a lot of information about waste for all relevant stakeholders to access. Member State replies are summarised below: In Austria, relevant measures and targets of the Packaging Regulation have been published in the national waste management plan for The collection and recovery organisations are in charge of fulfilling the obligation on public information campaigns and information transfer. Waste consultants and local authority publications provide information at a local level. In Belgium, the Interregional Packaging Commission and the collection and recovery systems Fost Plus and Val-I-Pac provide comprehensive information through different media, including press, radio, TV, mailing campaigns, internet, brochures, and by participating in conferences, training courses etc. Inter alia, a message was published in all local and national communication material about the restricted meaning of the Green Dot logo, and posters in supermarkets inform consumers about the take-back obligation. The Walloon Region subsidizes various non-profit organizations that lead, in schools, waste packaging prevention campaigns. In Bulgaria, the targets were published in the Waste Management Act (State Gazette No. 86 of 30 September 2004 last amended in State Gazette No. 53 of 13 July 2012) and in Article 9 of the Ordinance on packaging and packaging waste (State Gazette No. 85 of 6 November 2012). Waste recovery organisations are responsible for carrying out public awareness campaigns through different media, including press, radio, TV, mailing campaigns, internet, brochures, and by participating in conferences, training courses etc. Additionally, the Ministry of the Environment and Water website provides access to much useful information on separate collection of packaging. In Croatia, according to Article 6 of the Ordinance on packaging and packaging waste, once a year the Croatia Environmental Agency (CEA) publishes on their web site, data on quantities of packaging produced, imported and exported, as well as data on packaging waste which is generated, collected, recovered and exported. Also, the Ministry provides comprehensive information through different media, including press, radio, TV, Internet and by participating in conferences, seminars, etc. According to the ordinance, producers have to inform sellers and consumers about essential characteristics of the product and packaging in terms of hazardous substance and pollutants and treatment when becoming waste. In Cyprus, targets and measures described in Articles 6 (1)(a)(b) regarding recovery have been presented through awareness campaigns, seminars, informational leaflets, informational stands in various exhibition/fairs and published on the Department of Page 48 of 98

50 Environment (DoE) website 51 along with the recycling targets. In addition, the DoE funded the environmental educational campaign of Green Dot Cyprus approximately with the amount of for 2010 and in Further, funding was approved for the public awareness campaign on the collective management system for packaging of Green Dot Cyprus covering several actions (events, informational stalls as well as publication of informational material and in different media (TV, radio, press) to take place over three years starting from In the Czech Republic, the targets have been published in Annex 3 to Act No. 477/2001 on packaging as amended, as well as in the national waste management plan. Official information is published on the website of the Ministry of Environment 52 and on the website of the authorised company EKO-KOM a.s., 53 which is obliged to provide information to the public. TV and press advertising campaigns have been run, along with leaflets and posters to explain the role of the consumer in the process of packaging waste recovery; this was followed by a TV campaign to promote household waste sorting. Schools activities (including a website for children) 54 and public training for municipalities, towns and cities have also been undertaken, together with an advice service for municipalities on optimising the separate collection of household waste. In Denmark, every year the amount of packaging generated in Denmark and packaging waste collected for recycling and recovery is made publicly by the Danish Environmental Protection Agency. Every local authority is obliged to provide details on the collection schemes to be published in local papers. Municipalities provide information about the collection schemes to households, industry etc. Dansk Retursystem A/S is responsible for providing information about the deposit and return system for beverage packaging through TV campaigns, advertisement in papers and other media. Besides every store that receives empty beverage packaging displays information on the rules of the system. 55 In Estonia, a National Waste Management Plan covering the field of packaging and packaging waste is presently being prepared. Section 17(4)(9) of the Packaging Act stipulates the duties of recovery organisations. The Act requires the public and consumers to be notified of the rules and requirements for returning packaging and packaging waste. Recovery organisations are required to submit to the Ministry of the Environment information regarding awareness-raising activities and the cost thereof in 51 Moa.gov.cy, (2015). ΤΜΗΜΑ ΠΕΡΙΒΑΛΛΟΝΤΟΣ - Καλώς Ήλθατε στο Διαδικτυακό μας Τόπο. [online] Available at: [Accessed 29 June 2015]. 52 Env.cz, (2015). Ministerstvo životního prostředí. [online] Available at: [Accessed 29 June 2015]. 53 Ekokom.cz, (2015). Systém sběru a recyklace obalových odpadů EKO-KOM. [online] Available at: [Accessed 29 June 2015]. 54 Tonda-obal.cz, (2015). Tonda Obal - dětské stránky o třídění odpadu. [online] Available at: [Accessed 29 June 2015]. 55 Reply provided by the Member State to the Implementation Questionnaire Page 49 of 98

51 their review of their activities in the preceding calendar year. The Member State reply gives a short of an overview on how these measures and targets are published. In Finland, the provisions of minimum targets of generation of packaging waste, re-use and recovery are published in the Government Decision (962/1997) of packaging and packaging waste. The general public is mainly informed through TV, radio and press and economic operators through professional seminars. The Environmental Register of Packaging PYR Ltd publishes a PYR Info leaflet which is distributed to producers in the packaging sector. The supervising authority (Pirkanmaa ELY-Centre) publishes on their website the annual statistics of packaging waste including the achievement of the targets. According to the Waste Act in the informing of the collection of packaging waste and other necessary issues related to it is set up as a duty of the producers. In addition, since 2009 consumers have been able to find the nearest waste collection point with help of a nationwide web service. 56 The service is organised by the Finnish Solid Waste Association (FSWA) representing Finnish regional and municipal waste management companies, together with a number of producer organisations. In addition, municipalities also provide relevant information on that matter. In France, the national Environmental Agency ADEME publishes the data on the website and in an annual report. In addition, the data are presented at trade fairs and regional and national conferences. The Consultative Commission on household packaging informs on the targets and related measures as well as other stakeholders which may disseminate this information. National campaigns on the act of sorting are performed annually by licensed companies Eco-packaging and Adelphe. Such campaigns highlight the missions undertaken by the various stakeholders and results in recycling of household packaging waste. In Germany, the targets were announced when the directive was published in the Federal Law Gazette (Bundesgesetzblatt). In addition, the targets were subject to public information campaigns on national, regional (federal) and local level and by the industry. The dual waste management systems and the local authorities have to coordinate public information. Notices in the retailer stores provide information on the return of packaging. Arrangements for the return of transport packaging are subject to market competition. The results of the dual waste management systems are published annually in the form of a statement of the volumes handled. In Greece, 57 information campaigns were addressed to certain target groups (e.g. households, the public, businesses, schools, tourists, industry, etc.). The Ministry of Environment, Energy and Climate Change (MEECC) has created a special website concerning recycling including information on the legislative framework (EU and national legislation), information about the approved systems for the alternative management of 56 Kierrätys.info, (2015). Kierrätys.info. [online] Available at: [Accessed 29 June 2015]. Greek National recycling points Search Engine. 57 Information from Compliance Promotion Exercises. Page 50 of 98

52 packaging waste and information with respect to their function and the results achieved from their operation. This website also allows the user to directly connect to other websites containing further information. Moreover, in order to promote recycling, there are entries on the website, invitations to meetings and conferences and presentations organized by MEECC. The Ministry has also organized several meetings with economic operators and relevant stakeholders and a series of workshops, seminars, presentations, creating brochures, etc. addressing economic operators, local authorities and the general public [GR Pac ]. In Hungary, the measures and targets referred to in Article 6 (1) (a) and (b) have been published in many different ways, such as on the Internet, at different professional meetings, relevant Articles in local and national newspapers, publications in professional media, presentations held by associations of municipalities and different industrial and trade sectors to inform their members and the public. Basic information was given by central papers, regional and local newspapers, TV stations and websites (state, authorities, industrial and trade organisations, NGOs, schools). In Ireland, awareness of the targets and measures applied to achieve them, is raised continuously via Ministerial speeches, official press releases, Government policy statements as well as by way of seminars in relation to waste management, including packaging waste. The website of the Department of the Environment, Heritage and Local Government (DEHLG) also provides information on the regulatory regime for packaging waste. The National Waste Reports for provide comprehensive information on packaging waste recovery across a range of material-specific streams. Information on packaging waste is to users and consumers of packaging from a number of sources including the websites of the DEHLG and EPA and the Department's online Environmental Information Service- ENFO.IE. Local authorities provide information by leaflets and online on how householders can best manage their packaging waste. Their Environmental Awareness Officers advise business and the public on the benefits of recycling. Italy reported in that the criteria for the provision of information on the management of packaging waste are indicated in Article 219 of Legislative Decree No 152/2006. CO.NA.I and the individual sector consortia have organised various information and awareness-raising campaigns and training seminars aimed at consumers and users of packaging. This information concerns, in particular, the systems for return, collection and recovery, the role of packaging users and consumers in the process of re-use, recovery and recycling, the meaning of the marks placed on packaging on the market, the important points of the programmes for managing packaging and packaging waste, and the important points of the specific provisions contained in the regional plans. Details of the communication activities are presented in detail in a specific chapter of the general prevention and management programme for packaging and packaging waste. Latvia has made no changes to the previous report but has communicated that the measures and targets have been transposed by Cabinet Regulation No. 983 of 19 January 2010, replacing Cabinet Regulation No. 65 of 16 January on percentage amounts Page 51 of 98

53 (proportions) and deadlines for the recovery of all packaging waste. A procedure for registration and the submission of reports and model forms has been established, requirements which must be fulfilled by commercial companies in order to be registered as packaging managers. It also provides examples of the application of the criteria defining packaging and exceptions in relation to heavy metal content in packaging. In Lithuania, Order No. D1-857 of 23 October 2012 established that waste managers shall provide the holders of waste with access to information about the service provided via a website as well as by phone or on weekdays and during normal working hours. Moreover, in the Programme for the Management of Product or Packaging Waste funded the production and broadcasting of short videos ( Gamtos patruliai) and supported awareness raising of administrative bodies, schools, public awareness campaigns and events (e.g. dissemination of information on TV, radio, press and the Internet (e.g. Zalioji Banga, Kelias Namo, Laikas veikti drauge, Ekovizija, etc.). Since December 2010, an information channel posting and archiving a lot of information about waste has been created and activated as part of the project Grynas (Aplinkosaugos informacijos centras internete). In Luxembourg, the authorised take-back and recycling system Valorlux is responsible for publishing information according to Article 13. Detailed information on information campaigns addressing the public and businesses is at the Ministry s website. 58 In Malta, informative brochures and television programmes including educational campaigns were developed. Through an EU funded project, an aggressive public education campaign was also delivered through various media including television, radio, etc. Training was also delivered in schools, Local Councils, Government Departments and other entities. Educational and information campaigns were carried out by WasteServ Malta Ltd. and the economic operators of both authorised packaging waste recovery schemes. By the end of 2007, 95% of the population was aware of the importance and reasons for waste recycling. In the Netherlands, the general public is informed by the municipalities and by the industries collective organisations for the collection of packaging waste. Economic operators are informed by material associations and the aforementioned collective organisations. There is also information on the website of the Ministry and other governmental websites. This Member State has not given any further details regarding information campaigns. 59 In Poland, an obligation has been placed on businesses which sell products in packaging to provide users of such products with the information. Producers, importers and those making intra-community purchases of packaging or authorised recovery organisations are also obliged to carry out educational activities on the proper collection and recovery of packaging waste. In 2009/2010 the Ministry of Environment launched a nationwide 58 Reply provided by the Member State to the Implementation Questionnaire Reply provided by the Member State to the Implementation Questionnaire Page 52 of 98

54 public educational and information campaign that aimed at preventing waste and encouraging the proper treatment of waste, including treatment of packaging waste. The campaign included media activities and the implementation of interactive educational, informational and promotional initiatives as well as competitions addressing journalists, children and young people. In Portugal, the targets were published in Article 7 of Decree-Law No 366-A/97 of 20 December 1997 and measures have been undertaken to raise awareness amongst the target groups. The Portuguese Environment Agency provided comprehensive information online ( organised workshops and meetings with actors of the packaging waste sector and supported the project Remade in Portugal Further, a general committee on waste management (CAGER) was established in 2007 and a sub-committee (CAFLUXOS) was set up as a forum for information exchange between the waste management bodies. The licensed integrated waste management bodies (SPV, Valormed and Sigeru) have also carried out information activities. 60 In Romania, environmental awareness and readiness to participate in separate collection by the public is still at a low level, but it is increasing through general environmental campaigns and educational activities, or targeted initiatives such as in the case of packaging or for WEEE. 61 Amongst other national objectives for the improvement of the waste management, the priority is also to minimise littering by awareness campaigns and direct investments in the waste management infrastructure. Let s Do It Romania, organised in 2011, was a national cleaning day to motivate and mobilise the general public to participate in the cleaning up activities for the collection of litter. 62 In Slovakia, Decree No. 91/2011 and Decree No. 210/2005 define requirements for properties and composition of packaging and corresponding labelling. Users of packaging have to be informed on municipal waste management according to Act No. 223/2001. Journals as Waste, Enviromagazine, Waste Management and 21st Century are published in Slovakia. In Slovenia, according to the Act on the Government of the Republic of Slovenia, the Ministry of Agriculture, Forestry and Food was transformed in 2012 into the Ministry of Agriculture and the Environment with the work portfolios of the Ministry of Agriculture, Forestry and Food and the work portfolios of the Ministry of the Environment and Spatial Planning relating to the environment, as defined by Articles 32 and 36 of the Central Government Act. In Spain, in addition to what was presented in their reply to the Implementation Questionnaire , information on compliance with recycling and recovery 60 Reply provided by the Member State to the Implementation Questionnaire Deseurielectrice.ro, (2015). Deseuri de Echipamente Electrice si Electronice. [online] Available at: [Accessed 29 June 2015]. 62 Let s Do It, Romania!, (2015). Povestile voastre. [online] Available at: [Accessed 29 June 2015]. Page 53 of 98

55 objectives is on the MAGRAMA website. At present, the latest information on the recycling and recovery of packaging is included in the waste section of the report Agriculture, Food and the Environment in Spain 2012 published in 2013 by the MAGRAMA. The Ministry of the Environment and recovery organisations have undertaken some awareness-raising activities. In Sweden, municipalities are responsible for informing households on where to dispose of packaging. Förpacknings- och tidningsinsamlingen (Packaging and Newspaper Collection) carries out local and national campaigns to inform the public of the environmental benefits of recycling. The Swedish Environmental Protection Agency reports annually on packaging waste in the series Samla in, återvinn (Collect, Recycle!). The report and a summary of the report can be found on the website of the Swedish Environmental Protection Agency. 63 In the United Kingdom, the Producer Responsibility Obligations (Packaging Waste) Regulations place a responsibility on producers of packaging who carry out a selling activity to provide information to consumers regarding the goods they sell. If a producer joins a compliance scheme then the regulatory requirement to provide information to consumers passes to the compliance scheme. A specific example of how this has been applied in practice is the recycle more project. This project provides a website with guidance on how consumers can recycle their packaging and includes the UK largest recycling bank locator and which enables consumers to identify the collection and recovery systems in their area. The project has produced a range of advice and guidance on re-use, recovery and recycling tailored to a range of audiences including householders, businesses and schools. Regional and local Authorities also provide advice to residents on packaging and packaging recycling. Conclusion: Nearly all reporting Member States as well as Denmark, Portugal and Romania (26) have reported on the information campaigns they have in Luxembourg and the Netherlands did not submit such information in but based on their replies to the Implementation Questionnaire , they have also reported on information campaigns in place. Several Member States have reported that they also made information publicly on whether the targets are being met. Countries have reported a very wide range of information and communication measures. Information for users and consumers of packaging, including the general public, is provided by collection and recovery schemes, producers, other stakeholders and central, regional and local government. This takes many forms, including press, radio and TV, printed materials, websites and events. Several Member States have also reported that they have undertaken specific information campaigns for schools and children. 63 Naturvårdsverket, (2015). Naturvårdsverket. [online] Available at: [Accessed 29 June 2015]. Page 54 of 98

56 During the reporting period , all Member States had published the measures and targets on recycling and recovery, generally through legislative acts, online and/or in printed information provided to the general public and economic operators. No significant changes have occurred since then. In terms of progress made, Cyprus reported that its Department of Environment funded the environmental educational campaign of Green Dot Cyprus in , contributing ~ 400,000 in 2010 and ~ 470,000 in In addition Greece and Malta, both of which submitted details on their information campaigns in , did not provide a reply to this question during the previous reporting period. Finally Lithuania reported on a more extensive list of information activities along with new legal requirements and financing measures in , which were not in place during the reporting period. 3.7 National Standards relating to the Essential Requirements and to the Concentration Levels of Heavy Metals Question 7: Are there any national standards relating to the essential requirements in accordance with Article 9 and to the concentration levels of heavy metals, in accordance with Article 11? If yes, have these been communicated to the Commission? If no, state why. Article 9 requires Member States to ensure that only packaging that complies with the essential requirements of Annex II to the Directive may be placed on the market. For this purpose, harmonised standards shall give presumption of conformity with the essential requirements. In the absence of harmonised standards, national standards can also give presumption of conformity. Article 11 sets concentration levels for four heavy metals in packaging which packaging or packaging components shall not exceed. Belgium, Bulgaria, Croatia, Cyprus, Finland, France, Germany, Ireland, Italy, Latvia, Malta, the Netherlands, Poland, Slovakia, Spain, Sweden and the United Kingdom have reported the existence of national standards in both areas covered by the question and that they have notified the Commission. Denmark, Portugal and Romania did not provide replies to the Implementation Questionnaires for the period, but reported on the existence of national standards in both areas covered by the question in the period. Austria, Estonia, Hungary, Lithuania, Luxembourg and Slovenia have reported that they have introduced European Standards of essential requirements as national standards. The Czech Republic reported that there are no national standards, but it is not clear whether this is because harmonised EU standards are used. Greece has reported that there are no national standards in its reply to the Implementation Questionnaire , but when considering its national legislation (law 2939/2001), it indicates that the respective articles of the Directive have in fact Page 55 of 98

57 been introduced. In relation to heavy metals the law allows no more than 100 ppm by weight for lead, cadmium, mercury and hexavalent chromium. This country did not note this in its reply, which indicates a discrepancy. Conclusion: Several Member States (20) have reported on the existence of national standards related to the essential requirements of Annex II to the Directive and to the concentration levels for heavy metals in packaging in Other Member States (6) have reported that they have adopted the relevant European standards in The Czech Republic and Greece reported that there are no national standards relating to the essential requirements, in accordance with Article 9, and to the concentration levels of heavy metals, in accordance with Article 11. No significant changes have occurred across the Member States with regards to national standards relating to heavy metal concentrations in packaging as compared to the replies submitted in the Implementation Questionnaire Specific Chapter on Waste Management Plans Question 8: Do the waste management plans required by Article 7 of Directive 75/442/EEC include a specific chapter on the management of Packaging and Packaging Waste in accordance with Article 14? If no, state why. Article 7 defines the necessary measures to ensure that systems are set up to provide for 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; the re-use or recovery including recycling of the packaging and/or packaging waste collected. 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. Article 14 requires Member States to include a chapter on the management of packaging and packaging waste in the waste management plans required pursuant to Article 17 of Directive 75/442/EEC. All reporting Member States (25) have reported either that such a chapter exists in their waste management plans or that they have taken the necessary legislative measures to ensure that they are part of regional waste management plans. Denmark, Portugal and Romania did not submit replies to the Implementation Questionnaires for the period, but reported for the period that such a chapter exists in their Waste Management Plans. Given that no Member States responded No to this question, no additional details have been submitted to be reiterated here. Conclusion: All Member States have reported on the existence of a chapter on packaging and packaging waste within their waste management plans, or that a special programme for packaging and packaging waste exists in Similarly to the Page 56 of 98

58 Implementation Questionnaire , all Member States had reported then that they had included a chapter regarding packaging waste in the waste management plans. 3.9 Economic Instruments Question 9: Have economic instruments been adopted in accordance with Article 15 to attain the targets set in the Directive? If yes, specify the measures adopted. Article 15 allows Member States, in the absence of Community economic instruments, to adopt such measures in accordance with the principles governing Community environmental policy, inter alia the polluter-pays principle. Member States (22) have reported that they have implemented economic instruments in accordance with Article 15 to attain the targets set in the Directive. As indicated in Section 3.3 on return systems, most of these Member States have reported that they have implemented a producer responsibility system. Additional measures or specific aspects of producer responsibility systems are outlined in the detailed measures by Member State below. Denmark, Portugal and Romania did not submit replies to the Implementation Questionnaires for the period but reported for the period that they had adopted economic instruments. Cyprus, Ireland and Luxembourg reported that they have not implemented any economic instruments in accordance with Article 15 to attain the targets set in the Directive, without providing further details. No information was submitted for these countries in the Packaging and Packaging Waste Directive Implementation Report so no comparison of progress made since is possible. A good practice example with regards to economic instruments is the Netherlands, which reported that a tax on packaging was introduced in 2008 and continued to be used in This tax sets a specific tariff based on the environmental impact of the material. Member State replies are summarised below: In Austria economic instruments have been adopted, comprising of producer responsibility (take-back and financing obligation). In Belgium, the Flemish Region Waste Management Plan (WMP) and the WMP of the Walloon Region provide for application of economic instruments, primarily environmental taxes. In Bulgaria, Decree No. 120/2008 (amended, State Gazette No. 29 of 2011) amended the requirements of the payment of a product tax on packaging by manufacturers and importers of packaged products. Economic operators not meeting their obligations to the recovery organisations by up to 30% have to pay double this tax depending on the relevant shortcoming. If the shortfall exceeds 30%, the tax is to be paid in respect of the entire quantity of packaging placed on the market. Companies that fail to meet their Page 57 of 98

59 obligations individually and are not member of a recovery organisation have to pay a higher product tax to the organisation PUDOS. In Croatia economic instruments have been adopted. The packaging waste management system based on fees, managed by the Environmental Protection and Energy Efficiency Fund, is an economic instrument designed to achieve the targets and ensure it is line with the requirements of the Directive. In the Czech Republic, economic operators must ensure and bear the costs of the collection and recovery of packaging waste, whether they are registered with the authorised packaging company (EKO-KOM Inc.) or they ensure recovery themselves or on the basis of contracts with economic operators in the waste sector. The operators are thus motivated to reduce packaging waste or to develop more cost efficient solutions for the collection and recovery. The deposit on returnable packaging is set at a uniform amount for certain types of returnable packaging, serving as another economic instrument. In Denmark, since 1998 there has been tax on certain types of packaging. However, the tax only covers about 20% of the total packaging. The tax depends on the volume or the weight and material of the packaging. 64 In Estonia, Section 1 of the Packaging Excise Duty Act defines the object of the tax, i.e. the packaging of goods placed on the market in Estonia or acquired in another Member State of the European Union and imported into Estonia. In Section 5 the payer of the excise duty is defined, in Section 4 the rates of the excise duty are laid down and in Section 8 the rules concerning exemption from excise duty are laid down. Finland reported that taxes and deposits are in place as economic instruments. In France, Decree No of 1 April 1992 (codified in Articles R to R of the Environmental Code) on packaging whose ultimate owners are households states that packaging producers may help finance the costs of managing household packaging waste through approved organisations or companies. This contribution has been instrumental in achieving the objectives set out in the Directive. In Germany the economic operator introducing a packaging (containing a product) on the market is obliged to financially support the approved collection and recovery systems for sales packaging of households and similar sources of waste generation (dual waste management systems). The amount of the financial participation depends on the type and amount of the packaging put on the market. In this way financial incentives are created to reduce packaging and therefore promote waste prevention. In Greece, the national scheme targets all packaging operators (producers and importers). Producers and importers are obliged to financially support (to varying degrees) the implementation of recycling schemes for packaging waste. In that scheme, 64 Reply provided by the Member State to the Implementation Questionnaire Page 58 of 98

60 the fees support a proportion of the costs of packaging waste collection and recycling. The calculation of the financial contributions is based on information on packaging that the participant in the collective management scheme has recorded and submitted to the operator of the scheme. The entrance fee for the participants is determined on a yearly basis. For 2011 the entrance fee is fixed at 150 per tonne. The total financial contribution per packaging to the scheme is equal to the sum of the contributions per material and per weight and the fixed fees [EC 2012]. A fixed contribution is In Hungary, a product charge was introduced in Obliged companies which put a packed good on the market for the first time have to pay a product charge in case they do not attain a certain recovery rate for the packaging waste. In Italy, the costs of managing packaging waste must be shared between the producers and users of such waste through payment of an environmental levy to CO.NA.I. This levy is calculated for each type of packaging material according to the quantity and quality of packaging waste recovered or recycled, and is aimed at supporting the costs of separate collection, recycling and recovery of primary packaging waste. Accordingly, this results in a surcharge for the final consumer, in accordance with the Community s polluter pays principle. No new measures are in place now. 66 In Latvia, a tax on packaging is applied. This tax, which is levied according to the packaging weight, creates an incentive for packagers to reduce its weight. Given that the tax rate is differentiated according to the type of packaging material, packagers are also encouraged to use materials that are more environmentally friendly and recyclable. In Lithuania, special attention was paid to the development of economic measures (applicable as of 2013) in order to improve the management of packaging waste; in particular, the amendments to the Law on Waste Management establishing fines for legal persons have been adopted and the Government of the Republic of Lithuania has approved the methodology of calculating a fee or another charge payable for the collection of municipal waste from waste holders and waste management, which provides for an obligation for local authorities to apply differentiated rates. In addition, a proposal to introduce a mandatory deposit for the use of disposable drink containers is being considered. In Malta, the Eco-Contribution Act was enacted in September The main objective of this Act is to provide for the levying of an eco-contribution on products which generate end-of-life products or waste, with the ultimate aim of ensuring better disposal/re-use/recycling management. In addition, other Eco-Contribution regulations were approved in 2008 (Approved Waste Recovery Facilities), in 2010 (Exemptions) and 2011 (Granting of Refunds). 65 National Waste Management Plan. 66 Italy referred to its reply to point 10(b) of the Implementation Questionnaire on the application of the Directive, which was sent to EUROSTAT Unit E3-Environment Statistics of the European Commission both electronically and on paper. Page 59 of 98

61 The Netherlands responded that no new measures were adopted but that a tax on packaging was introduced in For different materials there is a specific tariff based on the environmental impact of the material. This is specified in environmental based tax law ( Wet belastingen op milieugrondslag ). It is however not primarily meant to attain the targets set in the Directive. The tax was meant to change over to a greener foundation for the taxes. The fact that it could have an impact on the achievement of the targets has to be seen as a side effect. In Poland, a system of product charges, which apply if a business fails to achieve the required recovery and recycling rates for packaging waste, has been introduced. These charges are calculated from the difference between the required recovery or recycling rate and the rate actually achieved. A penalty for failing to fulfil statutory obligations is imposed by Polish legislation in this field. In Portugal, economic operators placing products presented in non-reusable packaging on the market have to pay a financial contribution to cover the costs of selective collection and sorting of packaging waste. In the specific case of the integrated system managed by SPV, the municipalities receive a compensatory amount per tonne of sorted packaging waste including glass, paper/cardboard, plastics, metal and wood. For nonmunicipal waste, there is a network of operators using the so-called extra-urban model. Management bodies of the ERE integrated management system are obliged to pay annually the waste management tax (TGR). This tax relates to the quantity of waste managed by the integrated systems but not sent for re-use, recycling or recovery and shall be an incentive to achieve the management targets laid down in the licenses of the management bodies. 67 In Romania, economic operators have to apply a deposit system to ensure the re-use of the packaging [EIONET 2009]. ECO - ROM AMBALAJE (ERA) is the representative of the "Green Dot" system and one of the main national Recovery Organisations. ERA is financed by the contribution of licensees. A fee is paid based on the quantity and type of packaging material placed on the market. According to GE Order No. 196/2005, as amended, all economic operators which place packaged products and packaging on the national market are required to pay a tax to the Environmental Fund. The tax is paid on an annual basis, in case the economic operator does not meet the annual target for the recovery of packaging waste. Since January 2009, the GE Order No. 25/2008, amending GE Order 196/2005 on the Environment Fund, a tax of RON 0.2 for each type of bag made of non-biodegradable material was introduced. The tax is collected from economic operators which place such types of bags on the national market. 68 In Slovakia, according to Decree No. 91/2011 liable operators have to meet the targets of packaging waste recovery and recycling. Sanctions are in place for operators that do not meet these targets. In addition, liable operators are also obliged to financially 67 Reply provided by the Member State to the Implementation Questionnaire Reply provided by the Member State to the Implementation Questionnaire Page 60 of 98

62 contribute to the recycling fund according to the procedure defined by Act No. 223/2001, as amended. The Fund financially supports the collection, recovery and recycling of packaging waste. Slovenia has adopted the Decree on environmental tax on the generation of packaging waste (Official Gazette of the Republic of Slovenia Nos. 32/06, 65/06, 78/08, 19/10). In Spain, in application of the extended responsibility of the product manufacturer, packagers are required to fund integrated management systems through payment of a specified amount per packaged product placed on the national market for the first time. Integrated management systems for packaging waste and used packaging have to fund the difference in cost between the ordinary system for the collection, transportation and treatment of urban solid waste in a controlled facility. Additionally, the application of taxes to deposits made at a waste disposal facility in certain autonomous communities, while this is not specific for packaging waste, does have an indirect impact on an increase in the recovery of packaging waste. Andalusia and Cantabria have imposed a tax on bag consumption, although the latter was subsequently repealed. In Sweden, in its recycling system a deposit is paid in order to encourage consumers to return their bottles and cans. Operated by Returpack, a recycling company co-owned by the drinks companies and brewers, the Swedish deposit return scheme sees a small deposit added to the cost of drinks which is refunded when the container is returned. Implementation of the scheme has resulted in recycling rates of more than 90 per cent of its drinks containers. These are then made into new containers or, in the case of some of the plastic bottles, into clothing, bags and other goods. In the United Kingdom, the Producer Responsibility Obligations (Packaging Waste) Regulations have established a market based mechanism for the achievement of the Directive targets. Obligated businesses must obtain evidence to comply with their legal obligations in the form of Packaging Waste Recovery Notes (PRNs) and Packaging Waste Export Recovery Notes (PERNs). These evidence notes are issued by accredited packaging waste re-processors and exporters. An accredited entity can issue PRNs/PERNs to the amount of packaging waste reprocessed. The evidence notes are a counting tool for the amount of recovery/recycling undertaken and channel producer funding to recycling/recovery operations. The PRN/PERN for each material has a market price reflecting the relative state of the recycled market (for that material), the market structure, the regulation of the market, and the extent of any constraints in the infrastructure for collections and reprocessing. Conclusion: Nearly all Member States (25) have reported that they have implemented economic instruments in Most common measures are tax levied on packaging, deposit/return schemes for packaging, charges for final disposal/landfill of packaging, financial sanctions if re-use and recovery targets are not met, and obligations for economic operators to bear collection and recovery costs. Page 61 of 98

63 Cyprus, Ireland and Luxembourg have reported that they have not implemented economic instruments in accordance with Article 15 to attain the targets set in the Directive in These Member States did not submit a reply to this specific question in the Implementation Questionnaire , therefore no assessment of progress can be made. When comparing progress made by all reporting Member States since the previous reporting period ( ), it is worth noting that Greece, Malta and Sweden have reported that they have now introduced new economic instruments. Page 62 of 98

64 4.0 Quantities of Packaging Waste, Recovery and Recycling Rates 4.1 Introduction The following sections contain tables on packaging and packaging waste generation and recovery and recycling rates as a percentage of packaging waste generated. Because all of the Member States (25) that replied to the Implementation Questionnaire referred to the data submitted on an annual basis to the Commission and published by EUROSTAT, 69 these published data are used for all of the Member States. Data was also for the three Member States (Denmark, Portugal and Romania) that did not reply to the Implementation Questionnaire As data for Croatia are not for 2010 and 2011 but only as of 2012, the overall EU-data cover the EU Packaging Waste Generation Between 2010 and 2012, the amount and composition of packaging and packaging waste remained quite stable, with the amount generated across the EU27 in fact indicating an increase of 0.16%, which indicates a step, albeit small, towards decoupling economic growth (which was 3.3% in the same period) from waste generation. A total 78,808,985 tonnes of packaging waste generated in 2010 and of 78,933,683 in However when comparing the packaging waste generation figure for the EU27 for 2012 with 2009, there was a 3.05% increase noted (76,592,661 tonnes in 2009 as compared to 78,933,683 tonnes in 2012). When considering each Member State separately, with the exception of Cyprus, France, Greece, Ireland, Italy, Latvia, Portugal, Slovenia, Spain and the United Kingdom, the rest have experienced an increase in packaging and packaging waste generation in 2010 to Table 4.1 outlines the packaging waste generated in by Member State and across the EU28 and the EU Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 63 of 98

65 Table 4.1: Packaging Waste Generated (in tonnes) Member State Austria 1,230,852 1,232,059 1,253,574 Belgium 1,685,954 1,702,505 1,715,569 Bulgaria 321, , ,797 Croatia 198,606 Cyprus 79,528 75,554 74,945 Czech Republic 922, , ,346 Denmark 693, , ,913 Estonia 157, , ,286 Finland 708, , ,744 France 12,515,928 12,810,715 12,256,790 Germany 16,002,600 16,486,200 16,586,600 Greece 927, , ,370 Hungary 880, ,449 1,012,824 Ireland 863, , ,501 Italy 11,411,000 11,637,700 11,345,342 Latvia 213, , ,877 Lithuania 272, , ,137 Luxembourg 102, , ,607 Malta 45,747 53,253 52,553 Netherlands 2,724,000 2,748,000 2,749,000 Poland 4,292,969 4,611,056 4,669,892 Portugal 1,664,296 1,565,838 1,528,181 Romania 974, ,510 1,059,557 Page 64 of 98

66 Member State Slovakia 436, , ,323 Slovenia 203, , ,021 Spain 7,389,590 7,146,841 6,722,712 Sweden 1,261,876 1,294,793 1,294,883 United Kingdom 10,824,820 10,929,657 10,655,339 EU27 78,808,985 80,169,054 78,933,683 Source: EUROSTAT Overall Recovery and Recycling Overall Recovery and Recycling Rates Table 4.2 provides the recovery and recycling rates of each Member State and across the EU28 and the EU27 for as a percentage of packaging waste generated. It is worth noting that Germany has the highest recovery rate (96.8% for 2012) and Belgium the highest recycling rate (80.3% for 2012). In the EU27 the recycling rate of packaging waste went up from 63.3% in 2010 to 64.6% in Similarly the recovery rate developed in parallel. The rate of recovery including incineration at waste incineration plants with energy recovery rose from 76.3% in 2010 to 78.5% in With regards to recovery rates for 2012, Cyprus (55.7%), Greece (58.6%) and Portugal (59.9%) fell just short of the recovery target, but not far off from achieving the 60%. Greece and Portugal achieved lower rates in 2012 than in With regards to recycling rate, Hungary (48.5%) and Portugal (56.9 %) fell just short of the target in 2012 despite having accomplished it in 2010 and Member States which were granted derogation reported figures which were compliant with the specific targets as outlined in Table 4.3. Table 4.2: Total Recovery and Recycling Rates Achieved (% of Packaging Waste Generated) Member State Total Recovery Total Recycling 70 Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 65 of 98

67 Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Page 66 of 98

68 Member State Total Recovery Total Recycling Slovenia Spain Sweden United Kingdom EU EU28 Green = target met; Red = target not met. Source: EUROSTAT The Packaging Waste Directive sets out the following targets (by no later than 31 December 2008 for the EU15): a minimum of 60 % recovery rate (including waste incineration); between 55 and 80 % by weight of packaging waste to be recycled with minimum rates of: o 60 % by weight for glass, paper and cardboard; o 50 % by weight for metals; o 22.5 % by weight for plastics; and o 15 % by weight for wood (The deadlines for the 2008 targets and additional interim targets for Bulgaria and Romania were set in the accession protocol). Some Member States have been granted transitional periods regarding the recycling and recovery targets: Greece, Ireland and Portugal were given until 31 st December 2011; Cyprus, the Czech Republic, Estonia, Hungary, Lithuania, Slovakia, Slovenia were given until 31 st December 2012; Malta was given until 31 st December 2013; Poland was given until the 31 st December 2014; and Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 67 of 98

69 Latvia was given until the 31 st December Romania and Bulgaria, who joined the EU in 2007, have different targets and transitional periods. The vast majority of Member States achieved their specific recovery and recycling targets as outlined in Table 4.3. This table excludes Bulgaria and Romania which had specific derogations; their results are outlined in Table 4.4. Table 4.3: Recovery and recycling targets achievement by the Member States Member State (MS) Latest date to achieve the targets of Article 6 (1) (b) (d) and (e) Which MS did not achieve recovery target of 60% by weight Which MS did not achieve recycling target of 55% by weight Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, the Netherlands, Spain, Sweden, the UK All these MS achieved the targets All these MS achieved the targets Greece, Ireland and Portugal Greece (58.6%) Portugal (59.9%) All these MS achieved the targets Cyprus, the Czech Republic, Estonia, Hungary, Lithuania, Slovakia, Slovenia Cyprus (55.7%) Hungary (48.5%) Malta Poland Latvia Source: EUROSTAT Targets not yet applicable Targets not yet applicable Targets not yet applicable Targets not yet applicable Targets not yet applicable Targets not yet applicable Romania and Bulgaria, with special derogations detailed below, achieved slightly higher rates than the established targets as outlined in Table Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 68 of 98

70 For Bulgaria, the following targets apply: The overall rate for recovery or incineration at waste incineration plants with energy recovery by 31 st December 2014 should be: 48 % by weight for 2010, 50 % by weight for 2011, 53 % for 2012 and 56 % for The overall recycling target by 31 st December 2014 should be: 34 % by weight by 31 December 2006, 38 % for 2007, 42 % for 2008, 45 % for 2009, 47 % for 2010, 49 % for 2011, 52 % for 2012 and 54.9 % for For Romania, the following targets apply: The overall rate for recovery or incineration at waste incineration plants with energy recovery by 31 st December 2013 should be: 48 % by weight for 2010, 53 % for 2011 and 57 % for The overall recycling target by 31 st December 2013 should be: 26 % by weight by 31 st December 2006, 28 % for 2007, 33 % for 2008, 38 % for 2009, 42 % for 2010, 46 % for 2011 and 50 % for Table 4.4: Recovery and Recycling Rates Achieved by Bulgaria and Romania (% of Packaging Waste Generated) Member State Total Recovery Total Recycling Bulgaria achievement target Romania achievement target Source: EUROSTAT In general, recycling rates have slightly improved between 2010 and 2012 except for few Member States (i.e. Austria, Denmark, Estonia, Germany, Greece, Hungary, Luxembourg, the Netherlands and Portugal). Across the EU27 the total recycling rate increased by 1.3% Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 69 of 98

71 20 Member States that submitted data for 2012 achieved the 55% by weight recycling target (i.e. Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Lithuania, Luxembourg, the Netherlands, Slovakia, Slovenia, Spain, Sweden and the UK). Hungary (48.5%) and Portugal (56.9 %) fell just short of the target in 2012 despite having accomplished it in 2010 and 2011, Bulgaria and Romania which had their own derogation targets and Malta, Poland, Latvia and Croatia which did not provide any data. In comparison 13 Member States out of 19 that submitted data in 2009 achieved the 55% recycling target (these were Austria, Belgium, the Czech Republic, Denmark, Finland, France, Ireland, Lithuania, Luxembourg, the Netherlands, Slovakia, Sweden and the United Kingdom). Bulgaria and Romania had their own derogations for the recycling targets, increasing every year. Both Member States continuously increased their achievements, exceeding the specific yearly targets. Similarly recovery rates have slightly improved between except for a few Member States (i.e. the Czech Republic, Denmark, Hungary, the Netherlands and Portugal). Across the EU27 the total recovery rate increased by 2.2%. 19 Member States that submitted data for 2012 achieved the 60% by weight recovery target (i.e. Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Lithuania, Luxembourg, the Netherlands, Slovakia, Slovenia, Spain, Sweden and the UK). This excludes Greece (58.6%), Portugal (59.9%) and Cyprus (55.7%) which were the other three reporting countries that just missed the target, Bulgaria and Romania which had their own derogation targets as well as Malta, Poland, Latvia and Croatia which did not provide any data. In comparison 12 Member States out of 19 which submitted data in 2009 achieved the 60% recovery target (these were Austria, Belgium, the Czech Republic, Denmark, Finland, France, Ireland, Luxembourg, the Netherlands, Slovakia, Sweden and the United Kingdom). Bulgaria and Romania had their own derogations for the recovery targets, increasing every year. Both Member States continuously increased their achievements, exceeding the specific yearly targets. Figure 4.1 and Figure 4.2 present the recycling and recovery percentage rates, respectively, for total packaging waste across the EU27 in Page 70 of 98

72 Figure 4.1: Recycling Rates for Total Packaging Waste, 2012 (%) Page 71 of 98

73 Figure 4.2: Recovery Rates for Total Packaging Waste, 2012 (%) Page 72 of 98

74 4.3.2 Material Specific Recycling The achievements of Member States in 2010, 2011 and 2012 with regard to the material specific recycling are shown in Table 4.5. Table 4.5: Achievement of Material Specific Recycling Targets by Member States Member State Austria, Belgium, Denmark, Finland, France, Germany, Italy, Luxembourg, the Netherlands, Spain, Sweden, the UK Greece, Ireland and Portugal Latest date to achieve the targets of Article 6 (1) (b) (d) and (e) MS that did not achieve recycling target of 60% by weight for glass Spain: 59.8% in 2010 Greece: 36.9% in 2011 and 54.7% in Portugal: 59.7% in 2011 and 59.4% in MS that did not achieve recycling target of 60% by weight for paper and board All these MS achieved the targets All these MS achieved the targets MS that did not achieve recycling target of 22.5% by weight for plastics Denmark: 22.3% in 2011 All these MS achieved the targets MS that did not achieve recycling target of 15% by weight for wood All these MS achieved the targets All these MS achieved the targets MS that did not achieve recycling target of 50% by weight for metals All these MS achieved the targets Greece: 44.1% in 2011 and 38.2% in Cyprus, the Czech Republic, Estonia, Hungary, Lithuania, Slovakia, Slovenia Cyprus: 32.4% in 2012 Hungary: 34.2% in 2012 All these MS achieved the targets All these MS achieved the targets All these MS achieved the targets Slovenia: 40.4% in 2011 and 41.6% in Page 73 of 98

75 Member State Latest date to achieve the targets of Article 6 (1) (b) (d) and (e) MS that did not achieve recycling target of 60% by weight for glass MS that did not achieve recycling target of 60% by weight for paper and board MS that did not achieve recycling target of 22.5% by weight for plastics MS that did not achieve recycling target of 15% by weight for wood MS that did not achieve recycling target of 50% by weight for metals Malta Not yet applicable Poland Not yet applicable Latvia Not yet applicable Source: EUROSTAT For Bulgaria, the following targets apply: 75 The recycling target for plastics by 31 st December 2009 should be: 8 % by weight by 31 st December 2006, 12 % for 2007, and 14.5 % for The recycling target for glass by 31 st December 2013 should be: 26 % by weight by 31 st December 2006, 33 % for 2007, 40 % for 2008, 46 % for 2009, 51 % for 2010, 55 % for 2011 and 59.6 % for Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. 75 Act concerning the conditions of accession of the Republic of Bulgaria and the adjustments to the Treaties on which the European Union is founded - Annex VI:List referred to in Article 23 of the Act of Accession: transitional measures, Bulgaria - 10.Environment - B.Waste management (OJ L 157 of , p ) Page 74 of 98

76 The recycling target for plastics, counting exclusively material that is recycled back into plastics, by 31 st December 2013 should be: 17 % by weight for 2009, 19 % for 2010, 20 % for 2011 and 22 % for For Romania, the following applies: 76 The recycling target for plastics by 31 st December 2011 should be: 8 % by weight by 31 st December 2006, 10 % for 2007, 11 % for 2008, 12% for 2009 and 14% for The recycling target for glass by 31 st December 2013 should be: 21 % by weight by 31 st December 2006, 22 % for 2007, 32 % for 2008, 38 % for 2009, 44 % for 2010, 48 % for 2011 and 54 % for The recycling target for plastics, counting exclusively material that is recycled back into plastics, by 31 st December 2013 should be: 16 % by weight for 2011 and 18 % for The recycling target for wood by 31 st December 2011 should be: 4% by weight by 31 st December 2006, 5% for 2007, 7% for 2008, 9% for 2009 and 12% for Both Bulgaria and Romania achieved their specific recycling targets for and even slightly higher rates. At EU level, the recycling rate of each packaging material has been constant or has increased from 2010 to Table 4.6 presents the recycling rates by Member State for as a percentage of packaging waste generated; and Table 4.7 presents the composition of packaging waste by material type as a percentage of packaging waste generated. 76 Act concerning the conditions of accession of the Republic of Romania and the adjustments to the Treaties on which the European Union is founded - Annex VII:List referred to in Article 23 of the Act of Accession: transitional measures, Romania - 9.Environment - B.Waste management (OJ L 157 of , p ) Page 75 of 98

77 Table 4.6: Recycling of Packaging Waste (% of Packaging Waste Generated) Member State Paper and Cardboard Plastic Wood Metals Glass Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Page 76 of 98

78 Member State Paper and Cardboard Plastic Wood Metals Glass Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Page 77 of 98

79 Member State Paper and Cardboard Plastic Wood Metals Glass Slovenia Spain Sweden United Kingdom EU EU Source: EUROSTAT Member State Aluminium Steel Other TOTAL Austria Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 78 of 98

80 Member State Aluminium Steel Other TOTAL Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Page 79 of 98

81 Member State Aluminium Steel Other TOTAL Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Page 80 of 98

82 Member State Aluminium Steel Other TOTAL Slovakia Slovenia Spain Sweden United Kingdom EU Source: EUROSTAT Table 4.7: Composition of Packaging Waste (% of Packaging Waste Generated) Member State Paper and Cardboard Plastic Wood Metals Glass 78 Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 81 of 98

83 Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Page 82 of 98

84 Member State Paper and Cardboard Plastic Wood Metals Glass Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden Page 83 of 98

85 Member State Paper and Cardboard Plastic Wood Metals Glass United Kingdom EU Source: EUROSTAT Ec.europa.eu, (2015). Database EUROSTAT. [online] Available at: [Accessed 29 June 2015]. Page 84 of 98

86 5.0 General Conclusion on the Implementation of the Directive 5.1 Identified Limitations of Reporting Despite that fact that Article 17 of the Directive itself requires that Member States report to the Commission on the implementation of the Directive on a three yearly basis via an Implementation Questionnaire format, not all Member States treat this obligation with the same level of due attention. Replies vary from the detailed and open to those which only make reference to national legislation. The majority of Member States tended to report whether measures had been transposed into national law but did not comment on whether actions had proved affective or led to improvements in practice. Furthermore replies were inconsistent in terms of qualifying different aspects of implementation resulting in an inability to compare performance across Member States. In some cases data was missing for certain Member States, and in other cases it was difficult to ascertain what the most appropriate reply was. For example, a common instance of incomplete reporting across Member States was the provision of the methods for obtaining the data on the recovery and recycling targets according to Article 12(3) in Question 4. These limitations made comparisons between Member States even more challenging. The most serious issue in this regard was that Denmark, Portugal and Romania did not submit replies to the Implementation Questionnaires to the Commission for , when they had previously done so in Similarly Poland did not respond to the Implementation Questionnaire when it had done so in but it did send a report on the weight of packaging waste generated and recovered or incinerated at waste incineration plants with energy recovery that included recovery and recycling data and information on the methodology used. This has been used for the purposes of this reporting, where applicable. In many instances Member State replies referenced national legislation or copied and pasted relevant text, without providing any further information on implementation. Given these pieces of legislation were often quite complex, it was not always possible to determine whether the obligations of the Directive are being met as reported in the replies. Similarly Member States might refer to their replies to previous Implementation Questionnaires ( and ) without repeating the concrete information requested. For example, Italy completed its Implementation Questionnaire by referring to its replies for previous reporting periods such as Furthermore, while limited, there were some instances of contradictions between the Implementation Questionnaire replies or between these replies and other data sources that were considered, which called into question the veracity of the submissions. For example Estonia reported in its reply to Question 3 that programmes have been set up, the objectives of which go beyond those referred to in Article 6 (1) (a) and (b) and that Page 85 of 98

87 these objectives have been communicated to the Commission. However no such programmes/objectives could be found and after consulting with relevant official, Estonia s reply actually referred to the amendments that were made regarding the change in the deposit packaging system. There were also Member States with regional differences such as Belgium, where each province has different approaches for the implementation of the Directive. In these cases regional summaries have been given based on the information submitted, although it was not always possible to deal with individual regions in the same level of detail as individual Member States. Finally there were also instances of differing interpretations of questions in the Implementation Questionnaire by Member States. An example is Question 5 which considers the encouragement of the use of materials obtained from recycled packaging waste in accordance with Article 6 (4). Some Member States responded detailing recycling strategies or listing recycling plants as examples of encouragement, misinterpreting the question. 5.2 Suggestions for Improving Member State Reporting With the aim being to improve the quality of the Member State reporting, the European Commission might consider how best to refine the questions in the Implementation Questionnaire to ensure more comparable replies across the Member States. One such revision could be the introduction of a word limit to ensure that all Member States provide comparable levels of detail in their replies. The main limitation of this reporting is that this review does not assess whether the Member States have implemented whatever is discussed in their replies to the Implementation Questionnaire or the extent to which this indicates compliance with the obligations of the Directive. In order for such due diligence to take place, Member States must be required to submit a series of evidence along with their replies to the Implementation Questionnaires. An assessment of compliance will then take place using the Member State replies and the evidence submitted to determine if the obligations of the Directive have been met and a rating will be allocated to each Member State on their state of implementation of the Directive. Member States will then be given the opportunity to provide further evidence and improve their score for each reporting period. 5.3 Concluding Remarks Considering some of the main elements of the Packaging and Packaging Waste Directive as presented in Section 1.1.1, the progress in implementation, if any, that Member States have made is summarised below: 1) Questions 1-3: Transposition - All 28 Member States have transposed the Directive into their national legislation, and have elaborated the National Strategic Management Plans incorporating the objectives, goals and actions for the national and local strategies. Page 86 of 98

88 - With regards to Question 2, nine Member States (i.e. Austria, Belgium, Croatia, Estonia, Finland, Germany, Greece, Estonia and Malta) reported that there are plans to adopt further measures not detailed below within the framework of the Directive and under the scope of the notification obligation of Article 16. During the reporting period , a total of six Member States had reported plans to adopt further measures. Those were: Belgium, Estonia, Finland, Poland, Slovakia and Sweden. - With regards to Question 3, Belgium, Italy, Estonia, the Netherlands and Spain have reported that they have set up objectives that go beyond those referred to in Article 6 (1) (a) and (b), without providing further details on their replies. 2) Question 1: Prevention of Packaging Waste (Article 4) - All Member States except for Greece (27) have reported that they have taken action to prevent packaging waste (a similar situation to that in ). Greece is the only Member State that has reported that it has not taken action in that regard, as was the case in No other significant changes occurred in comparison to the reporting period Mainly measures consisted of the implementation of national and local prevention plans; producer responsibility schemes; taxation measures (e.g. plastic bag tax); pay as you throw systems; green public contracts; information and awareness-raising on prevention of packaging waste and re-use of packaging; eco-design; and action plans for the key industries that the different environmental agencies regulate. In Member States, producers are generally obliged to take-back packaging waste and establish their own take-back systems or to fulfil their obligations by participating in a return system covering the return, collection, re-use, recycling or other recovery of packaging waste. 3) Question 2: Measures to Encourage Re-use Systems (Article 5) - Nearly all Member States (25) have reported that they have taken measures to encourage re-use systems in accordance with Article 5 of the Directive in Three have not. These are France, Greece and the Netherlands which have reported that they have not done so. - The most commonly introduced measures to encourage re-use systems discussed by Member States are very much alike to the ones used for waste packaging prevention, such as: the use of deposit and return systems that specifically target industrial packaging; taxation measures (e.g. re-usable packaging only taxed the first time it is placed on the market, or exempt from taxation); obligations to offer products in re-usable packaging if it exists; promotion of re-use within waste plans and as waste prevention measures; and information and awareness-raising measures. - No significant changes have been reported since the reporting period in terms of new measures to encourage re-use systems. Some progress has been made by Cyprus and Malta, which unlike the last reporting period, have now reported detailed specific measures in place. Furthermore Sweden reported during that a new measure has been implemented, which is a new deposit refund system. Page 87 of 98

89 Finally, even though there has been no significant progress in Latvia, it is worth mentioning that it has reported that the Ministry was working on the introduction of a mandatory deposit system in ) Question 3: Measures to Set up Return Systems (Article 7) - All 28 Member States have taken measures to set up return systems in As outlined in their replies, in Member States producers are generally obliged to take-back packaging waste and establish their own take-back systems or to fulfil their obligations by participating in a return system covering the return, collection, re-use, recycling or other recovery of packaging waste. Some Member States have also reported that they have established municipal/public schemes for the return of packaging and packaging waste. - When comparing to previous reporting periods, it is worth mentioning that Cyprus has reported that it has been working to expand its collective management scheme for packaging waste since Furthermore Romania, which despite not submitting a reply to the Implementation Questionnaire , has nevertheless shown progress since in that it has been found that there are now more collective compliance schemes for packaging waste nationally. France, Greece and Malta have also reported specific measures in place to set up return systems unlike during the reporting period. 5) Question 4: Recovery and Recycling Targets and Method Used to Obtain Data (Article 12(3)) - Member States (25) referred to the data with regards to recovery and recycling that they reported to the Commission and that are published by EUROSTAT for with the exception of Croatia, Cyprus, Estonia, Greece, Hungary, Italy and the UK. This includes data from Denmark, Portugal and Romania. - Packaging and packaging waste generation based on the data reported has increased during the period for all Member States except for Cyprus, France, Greece, Ireland, Italy, Latvia, Portugal, Slovenia and the UK. - In total across the EU27 packaging waste increased by 0.16% between 2010 and A total 78,808,985 tonnes was recorded in 2010 and this dropped to 78,933,683 in However when comparing the packaging waste generation figure for the EU27 for 2012 with 2009 there was a 3.05% increase noted (76,592,661 tonnes in 2009 as compared to 78,933,683 tonnes in 2012). - The composition of packaging waste (% of Packaging Waste Generated) is very heterogeneous among Member States and does not change substantially during the reporting period ( ). Breakdowns are provided for paper and cardboard, plastic, wood, metals and glass (as indicated in Section 4.0). For Member States paper and cardboard followed by plastic and glass make up the majority of packaging waste. Metals make up the least amount. - In the EU27 the recycling rate of packaging waste went up from 63.3% in 2010 to 64.6% in Similarly the rate of recovery including incineration at waste incineration plants with energy recovery rose from 76.3% in 2010 to 78.5% in Page 88 of 98

90 - 20 Member States that submitted data for 2012 achieved the 55% by weight recycling target (i.e. Austria, Belgium, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Lithuania, Luxembourg, the Netherlands, Slovakia, Slovenia, Spain, Sweden and the UK). Hungary (48.5%) and Portugal (56.9 %) fell just short of the target in 2012 despite having accomplished it in 2010 and 2011, Bulgaria and Romania which had their own derogation targets and Malta, Poland, Latvia and Croatia which did not provide any data. In comparison 13 Member States out of 19 which submitted data in 2009 achieved the 55% recycling target (these were Austria, Belgium, the Czech Republic, Denmark, Finland, France, Ireland, Lithuania, Luxembourg, the Netherlands, Slovakia, Sweden and the United Kingdom). - Similarly recovery rates have slightly improved between except for a few Member States (i.e. the Czech Republic, Denmark, Hungary, the Netherlands and Portugal). Across the EU27 the total recovery rate increased by 2.2%. 19 Member States that submitted data for 2012 achieved the 60% by weight recovery target (i.e. Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Lithuania, Luxembourg, the Netherlands, Slovakia, Slovenia, Spain, Sweden and the UK). This excludes Greece (58.6%), Portugal (59.9%) and Cyprus (55.7%), which were the other three reporting countries that just missed the target, Bulgaria and Romania which had their own derogation targets as well as Malta, Poland, Latvia and Croatia which did not provide any data. In comparison 12 Member States out of 19 which submitted data in 2009 achieved the 60% recovery target (these were Austria, Belgium, the Czech Republic, Denmark, Finland, France, Ireland, Luxembourg, the Netherlands, Slovakia, Sweden and the United Kingdom). 6) Question 5: Encouragement of the Use of Recycled Material (Article 6 (4)) - Encouragement of the use of recycled material is one of the most neglected aspects of the Directive; 19 Member States have reported that they have encouraged it in No significant changes have occurred in comparison to the previous reporting period ( ). Bulgaria, Cyprus, the Czech Republic, Estonia, Finland, France, Greece, Malta, Slovakia, Slovenia and Sweden had reported that they had new measures in place to encourage use of recycled material for , but did not report on any new measures during the period. - The most common measures discussed included: green procurement; promotion within waste management plans of the use of recycled materials; financing of projects or research into the promotion of recycled materials; information and awareness-raising activities; measures specifically related to drinks packaging; and eco-certification of products. In Germany for example, it was reported that producers and distributors must prioritise recycled content when manufacturing products. 7) Question 6: Information campaigns (Article 6(6) and Article 13) - Nearly all reporting Member States as well as Denmark, Portugal and Romania (a total of 26) have reported on the information campaigns they have in Page 89 of 98

91 2012. Luxembourg and the Netherlands did not submit any such information but, based on their replies to the Implementation Questionnaires , both Member States have reported that they have also carried out information campaigns. - Several Member States have reported that they also make information publicly on whether their targets are being met. Countries have reported a very wide range of information and communication measures. Information for users and consumers of packaging, including the general public, is provided by collection and recovery schemes, producers/other stakeholders and central, regional and local government. This takes many forms, including press, radio and TV, printed materials, websites and events. Several Member States have also reported that they have undertaken specific information campaigns for schools and children. - During the reporting period, all Member States had published the measures and targets on recycling and recovery, generally through legislative acts, online and/or in printed information provided to the general public and economic operators. No significant changes have occurred since then. It is worth mentioning, however, that Cyprus has since reported that the Department of Environment funded the environmental educational campaign of Green Dot Cyprus by contributing ~ 400,000 in 2010 and ~ 470,000 in In addition, Greece and Malta have now reported details on their information campaigns whereas previously they had not done so. Finally, Lithuania reported that it now has a more extensive list of information activities in place along with new legal requirements and financing measures, which was not the case in the reporting period. 8) Question 7: Concentration of Heavy Metals Present in Packaging (Article 11) - As was the case in , several Member States (20) have reported on the existence of national standards related to the essential requirements of Annex II to the Directive and to the concentration levels for heavy metals in packaging in The rest (6) have reported that they have adopted the relevant European standards in The Czech Republic and Greece reported that there are no national standards relating to the essential requirements, in accordance with Article 9, and to the concentration levels of heavy metals, in accordance with Article It is worth noting that Article 7 of the Commission Decision of 24 March 2009 establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste, states that Member States shall include in the reports to be submitted to the Commission under Article 17 of Directive 94/62/EC a detailed report on the functioning of the system provided for in this Decision and on the progress made in phasing out plastic crates and plastic pallets which are not in conformity with Article 11(1) of Directive 94/62/EC. Even though there was no specific question in the Implementation Questionnaire in this regards, information must still be submitted by the Member States. Yet none of them submitted it for period. Page 90 of 98

92 9) Question 8: Specific chapter on Waste Management Plans (Article 14) - As was the case in , all Member States (28) have reported on the existence of a chapter on packaging and packaging waste within their waste management plans, or that a special programme for packaging and packaging waste exists in ) Question 9: Economic Instruments (Article 15) - A total of 25 Member States have also reported that they have implemented economic instruments. It is worth noting that Greece, Malta, Romania and Sweden have all reported that they have introduced economic instruments in , which indicates progress made since the reporting period when no such instruments were in place. For example Romania was in the process of approving a new landfill tax during the reporting period, which would come into force in The most common measures discussed were taxes levied on packaging; deposit/return schemes for packaging; charges for final disposal/landfill of packaging, financial sanctions if re-use and recovery targets are not met; and obligations for economic operators to bear collection and recovery costs. Page 91 of 98

93 APPENDICES Page 92 of 98

94 A.1.0 Appendix 1 Table of Member State Implementation Questionnaires Table 5.1: Member State Implementation Questionnaires Member State Member State Implementation Questionnaires received? (Y/N) Date received if (DD/MM/YYYY) Austria Yes Sep-13 Belgium Yes No date indicated Bulgaria Yes No date indicated Croatia Yes No date indicated Cyprus Yes No date indicated Czech Republic Yes No date indicated Denmark No No date indicated Estonia Yes 20/10/2013 Finland Yes Sep-13 France Yes No date indicated Germany Yes No date indicated Greece Yes No date indicated Hungary Yes No date indicated Ireland Yes No date indicated Italy Yes No date indicated Latvia Yes No date indicated Lithuania Yes No date indicated Final Implementation Report for Directive 1994/62/EC on packaging and packaging waste Page 93 of 98

95 Member State Member State Implementation Questionnaires received? (Y/N) Date received if (DD/MM/YYYY) Luxembourg Yes No date indicated Malta Yes 05/12/2013 Netherlands Yes No date indicated Poland 1 Yes No date indicated Portugal No No date indicated Romania No No date indicated Slovakia Yes No date indicated Slovenia Yes 20/07/2006 Spain Yes No date indicated Sweden Yes No date indicated United Kingdom Yes No date indicated Percentage received: 89% (25/28) 1 Poland did not submit a reply to the Implementation Questionnaire but it did provide a report with the recycling and recovery data and some information on the methodology used, which has been considered for the purposes of this reporting, where applicable. Final Implementation Report for Directive 1994/62/EC on packaging and packaging waste Page 94 of 98

96 A.2.0 Appendix 2 Other Relevant Figures The following figures visually display recycling and recovery rates for packaging waste by Member State for Source: EUROSTAT (online code: t_env_wasst) Final Implementation Report for Directive 1994/62/EC on packaging and packaging waste Page 95 of 98

97 Figure A. 1: Recycling Rates for Packaging Waste by Member State, Final Implementation Report for Directive 1994/62/EC on packaging and packaging waste Page 96 of 98

98 Figure A. 2: Recovery Rates for Packaging Waste by Member State, Final Implementation Report for Directive 1994/62/EC on packaging and packaging waste Page 97 of 98