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Document 02001D0171-20060512

Consolidated text: Commission Decision of 19 February 2001 establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste (notified under document number C(2001) 398) (Text with EEA relevance) (2001/171/EC)

ELI: http://data.europa.eu/eli/dec/2001/171/2006-05-12

02001D0171 — EN — 12.05.2006 — 001.001


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►B

COMMISSION DECISION

of 19 February 2001

establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste

(notified under document number C(2001) 398)

(Text with EEA relevance)

(2001/171/EC)

(OJ L 062 2.3.2001, p. 20)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION DECISION  of 8 May 2006

  L 125

43

12.5.2006


Corrected by:

►C1

Corrigendum, OJ L 272, 10.10.2002, p.  35 (2001/171/EC)




▼B

COMMISSION DECISION

of 19 February 2001

establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste

(notified under document number C(2001) 398)

(Text with EEA relevance)

(2001/171/EC)



Article 1

This Decision, shall apply to glass packaging covered by Directive 94/62/EC, and aims to establish the conditions under which the concentration levels established in Article 11 of Directive 94/62/EC shall not apply.

Article 2

For the purposes of this Decision:

— 
the definitions as set out in Article 3 of Directive 94/62/EC shall apply,
— 
‘intentionally introduced’ shall mean ‘deliberately utilised in the formulation of a packaging or a packaging component where its continued presence is desired in the final packaging or packaging component to provide a specific characteristic, appearance, or quality’; the use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of regulated metals, is not be considered as intentionally introduced.

Article 3

Glass packaging is allowed to exceed, after the date of 30 June 2001, the limit of 100 ppm by weight established in Article 11 of Directive 94/62/EC where it complies with all the conditions established in Articles 4 and 5 of this Decision.

Article 4

No lead, cadmium, mercury or hexavalent chromium shall be intentionally introduced during the manufacturing process.

The packaging material may only exceed the concentration limits because of the addition of recycled materials.

Article 5

►C1  Where the average heavy metals concentration levels ◄ on any twelve consecutive monthly controls made from the production of each individual glass furnace, representative of normal and regular production activity, exceeds the 200 ppm limit ►C1  , the manufacturer or his authorised representative ◄ shall submit a report to the competent authorities in the Member States. This report shall include as a minimum the following information:

— 
measures values,
— 
description of measurement methods employed,
— 
suspected sources for the presence of heavy metals concentration levels,
— 
detailed description of the measures taken to reduce the heavy metals concentration levels.

Where neither the manufacturer nor his authorised representative is established within the European Union, the obligation to submit a report to the competent authorities shall be with the person who places the product on the Communtiy market.

Measurement results from production sites and measurement methods employed shall be made available at any time to the competent authorities, if requested.

▼M1 —————

▼B

Article 7

This Decision is addressed to the Member States.



( 1 )  OJ L 365, 31.12.1994, p. 10.

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