European Economic
and Social Committee
Directive No 2004/12/EC of 11.02.2004 amending Directive No 94/62/EC on packaging and packaging waste
Summary of the initiative
Article 22 (3a) of Directive 94/62/EC on packaging and packaging waste as amended by Directive 2004/12/EC provides for the possibility for Member States to set up systems for (a) the return and/or collection of and (b) the reuse or recovery of used packaging and/or packaging waste "by means of agreements between the competent authorities and the economic operators concerned", provided that the Member State's recovery and recycling rates attain the targets defined in Article 6 of the Directive.
Directive (EU) 2015/720 relating to the reduction of consumption of lightweight plastic carrier bags modifies Article 22 (3a) of Directive 94/62/EC in such a way that Member States also have the possibility to take measures to achieve a reduction in the consumption of lightweight plastic carrier bags on their territory "by means of agreements between the competent authorities and the economic operators concerned", provided that indeed this is a sustained reduction, which can be defined by a national maximum consumption level of 90 lightweight plastic carrier bags by the end of 2019 and 40 bags by the end of 2025.
These agreements must meet a number of requirements, including that they shall:
- be enforceable,
- specify objectives and deadlines,
- be published in the national official journal and be easily accessible
- be monitored regularly (including reporting to national authorities and the Commission and including examination of the progress achieved).
Description of the Initiative
Sector
Self/Co-Regulation Basic Act
Self/Co-Regulation Basic Act
Geographical Coverage
Description
Description
Conduct an initial survey of compliance capacity of future regulatees | Conduct regular visits and spot checks | Initiate complaints procedures | Maintain database of those bounded by the norms | Produce regular reports | Receive complaints and verify if norms were breached or not | Reflexive dialogue with the - stakeholders | Other | |
---|---|---|---|---|---|---|---|---|
European Commission | yes | |||||||
National public authority | yes | yes | ||||||
International public authority | yes | |||||||
Private regulator (code owner) | ||||||||
Private independent party with a mandate (e.g. auditors) | ||||||||
Self-appointed private parties (e.g. NGOs) |
Faming, shaming and blaming | Judicial sanctions | Membership suspension/exclusion | Private fines | Other | |
---|---|---|---|---|---|
Private Regulator | |||||
Private independent party with a mandate (e.g. auditors) | |||||
Court system | |||||
Alternative dispute resolution (ADR) / Online dispute resolution (ODR) |
Results of Commission Monitoring
In case voluntary agreements as foreseen in Directive 94/62/EC on Packaging and Packaging Waste qualify as technical regulations, these have to be notified under Directive 98/34/EC. All notified draft measures are available in the TRIS database of DG Enterprise (http://ec.europa.eu/growth/tools-databases/tris/en ).