Directive 1985/339 - Containers of liquids for human consumption - Main contents

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Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption

Official Journal L 176 , 06/07/1985 P. 0018 - 0021

Finnish special edition: Chapter 15 Volume 6 P. 0235

Spanish special edition: Chapter 15 Volume 6 P. 0022

Swedish special edition: Chapter 15 Volume 6 P. 0235

Portuguese special edition Chapter 15 Volume 6 P. 0022

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COUNCIL DIRECTIVE

of 27 June 1985

on containers of liquids for human consumption

(85/339/EEC)

THE COUNCIL OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas the action programmes of the European Communities on the environment of 1973 (4), 1977 (5) and 1983 (6) emphasize inter alia the importance of recycling or re-using the various materials contained in waste;

Whereas Article 3 of Council Directive 75/442/EEC of 15 July 1975 on waste (7) calls for the implementation of appropriate steps to encourage the prevention, recycling and processing of waste;

Whereas containers of liquids for human consumption are a source of waste;

Whereas the environmental impact of used containers should be reduced and a reduction in the consumption of energy and raw materials encouraged;

Whereas, in order to attain these objectives, Member States should draw up programmes for reducing the tonnage and/or volume of containers of liquids for human consumption in household waste to be finally disposed of;

Whereas, within the framework of these programmes, Member States should, either by legislative or administrative means or by voluntary agreements, take measures relating inter alia to consumer education, refilling and recycling of containers and technological innovation;

Whereas the measures taken by Member States should, where appropriate, take account of economic, industrial and market conditions;

Whereas the measures taken by the Member States should in particular likewise take account of public health requirements; whereas to that end, pending Community provisions on the matter, Member States may introduce or maintain measures on the manufacture of new containers;

Whereas the measures taken by Member States to comply with this Directive must comply with the provisions of the Treaty, and in particular with those concerning the free movement of goods;

Whereas the Commission should be notified of such measures at the draft stage so that it can examine them in the light of existing agreements and, where appropriate, ask Member States to suspend the introduction of such measures;

Whereas, since the Treaty has not provided the powers required for this end, recourse should be had to Article 235 thereof,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The purpose of this Directive is to provide for a series of measures relating to the production, marketing, use, recycling and refilling of containers of liquids for human consumption and to the disposal of used containers, in order to reduce the impact of the latter on the environment and to encourage a reduction in the consumption of energy and raw materials in this field.

Article 2

For the purposes of this Directive:

(a) 'liquids for human consumption' means the liquids for human consumption listed in Annex I;

(b) 'container' means any bottle, can, jar, carton or any other type of sealed container (excluding barrels and casks) which contains a liquid for human consumption and is made of glass, metal, plastic, paper or any other material;

(c) 'refillable container' means any container which is intended to be recovered for refilling after use;

(d) 'deposit system' means a system where the buyer pays the seller a sum of money which is reimbursed when the container is returned;

(e)...

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