At present, article 3(1) of the Directive defines packaging as “all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer.”
However, under its latest proposals, the Commission is looking at considerably expanding the annex's list of what constitutes packaging to include items such as coat hangers sold with clothes, cosmetic applicators sold with make-up and rolls, tubes and cylinders around which flexible material such as plastic film is wrapped in. This is in a bid to provide more thorough guidance in areas where difficulties might arise.
It also intends to extend the list of illustrative items of non-packaging to include CD, DVD and video cases sold with a CD or DVD or video inside, matchboxes, clothes hangers sold separately, release paper for self adhesive labels and wrapping paper sold separately.
The move is designed to help clear up confusion in areas where there has been uncertainty and is therefore expected to help producers understand in what areas they are obligated and in what areas they are not.
The Commission is set to make a formal proposal on the issue in mid-February 2010 at the next meeting of the Article 21 committee – a body of experts from member states which is chaired by the Commission and meets once a year to discuss the implementation and harmonisation of the Packaging Directive.
Stakeholders
In the meantime, the Department for Business, Innovation and Skills (BIS) has written to arc21 stakeholders to ascertain their views of what the list might mean for the UK.
Writing in this letter, Anne Turner, from BIS, said: “Items on this list tend to be items which are particularly problematic as they are not always clearly defined as packaging or non-packaging, without careful consideration against the criteria.
“We are expecting the Commission to make a proposal on this issue at the next Article 21 meeting in mid-February 2010 that would either present member states with an amendment to the Directive or publish new guidance to take account of their interpretation of these new items, as their packaging or non-packaging.”
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