Address https://gelex.eu/eli/EU/decision/2005/270@2005-03-22/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3
   4. Article 4
   5. Article 5
   6. Article 6
   7. Article 7
   8. Article 8
   9. Article 9
   10. Article 10
   11. Article 11
3. ANNEX
4. ANNEX TABLE 1 Notes: 1.2.3.4.5.6.7.8.9.10.11. TABLE 2 Notes: 1.2.3.4. TABLE 3 Notes: 1.2.3. Quantities of packaging waste generated in the Member State and recovered or incinerated at waste incineration plants with energy recovery within or outside the Member State Quantities of packaging waste sent to other Member States or exported outside the Community for recovery or incineration at waste incineration plants with energy recovery Quantities of packaging waste generated in other Member States or imported from outside the Community and sent to the Member State for recovery or incineration at waste incineration plants with energy recovery

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste, and in particular Article 12(3) thereof,

Whereas:

(1) The formats established in Commission Decision 97/138/EC, for the provision of harmonised data within the framework of Directive 94/62/EC, should be revised and simplified in order to take into account the experience with their application.

(2) Those formats should reflect the targets laid down in Directive 94/62/EC, as amended by Directive 2004/12/EC.

(3) In order to guarantee the comparability of data between the Member States, it is appropriate to lay down detailed rules concerning the data to be contained in the formats and to allow Member States to provide further data on a voluntary basis.

(4) In view of the number of amendments that must therefore be made to Decision 97/138/EC, that Decision should be replaced for the sake of clarity.

(5) The measures provided for in this Decision are in accordance with the opinion of the Committee established pursuant to Article 21 of Directive 94/62/EC,

HAS ADOPTED THIS DECISION:

Article 1

This Decision establishes the formats for the database system on packaging and packaging waste provided for in Article 12 of Directive 94/62/EC.

Article 2

1. In addition to the relevant definitions set out in Article 3 of Directive 94/62/EC, the following definitions shall apply:

(a) composite packaging means packaging made of different materials which cannot be separated by hand, none exceeding a given percentage by weight;

(b) generated packaging waste means the amount of packaging that becomes waste within the meaning of Article 1 of Council Directive 75/442/EEC within the territory of a given Member State, after having been used to contain, protect, handle, deliver and present goods;

(c) recovered packaging waste means the quantity of packaging waste generated in a Member State that is recovered, irrespective of whether the packaging waste is recovered within the Member State, in another Member State or outside the Community;

(d) packaging waste recovered or incinerated at waste incineration plants with energy recovery means the quantity of packaging waste generated in a Member State that is recovered or incinerated at waste incineration plants with energy recovery, irrespective of whether the packaging waste is recovered or incinerated at waste incineration plants with energy recovery within the Member State, in another Member State or outside the Community;

(e) recycled packaging waste means the quantity of packaging waste generated in a Member State that is recycled, irrespective of whether the packaging waste is recycled within the Member State, in another Member State or outside the Community;

(f) rate of recovery or incineration at waste incineration plants with energy recovery for the purposes of Article 6(1) of Directive 94/62/EC means the total quantity of packaging waste recovered or incinerated at waste incineration plants with energy recovery, divided by the total quantity of generated packaging waste;

(g) recycling rate for the purposes of Article 6(1) of Directive 94/62/EC means the total quantity of recycled packaging waste, divided by the total quantity of generated packaging waste.

2. Generated packaging waste, as referred to in paragraph 1(b), shall not include any kind of residues from the production of packaging or packaging materials, or from any other production process. For the purposes of this Decision, packaging waste generated in a Member State may be deemed to be equal to the amount of packaging placed on the market in the same year within that Member State.

Article 3

1. The data for total packaging shall cover all packaging as defined in Article 2(1) and 3(1) of Directive 94/62/EC. In particular for materials occurring in smaller quantities and those not mentioned in this Decision, estimates may be used. These estimates shall be based on the best information available and shall be described in accordance with Article 7.

2. Reusable packaging shall be considered to be placed on the market when it is made available for the first time, together with the goods it is intended to contain, protect, handle, deliver or present. Reusable packaging shall not be considered packaging waste when it is sent back for reuse. Reusable packaging shall not be considered to be placed on the market as packaging when it has been reused with a good and is made available again. Reusable packaging discarded at the end of its useful life shall be considered packaging waste. For the purposes of this Decision, packaging waste generated in a particular Member State from reusable packaging may be deemed to be equal to the amount of reusable packaging placed on the market within that Member State in the same year.

3. Composite packaging shall be reported under the predominant material by weight. Additionally, separate data on recovery and recycling of composite materials may be provided on a voluntary basis.

4. The weight of recovered or recycled packaging waste shall be the input of packaging waste to an effective recovery or recycling process. If the output of a sorting plant is sent to effective recycling or recovery processes without significant losses, it is acceptable to consider this output to be the weight of recovered or recycled packaging waste.

Article 4

1. Packaging waste exported out of the Community shall be counted as recovered or recycled only if there is sound evidence that the recovery and/or recycling took place under conditions that are broadly equivalent to those prescribed by the Community legislation on the matter.

2. Transboundary movements of packaging waste shall comply with Council Regulation (EC) No 259/93 Council Regulation (EC) No 1420/1999, and Commission Regulation (EC) No 1547/1999.

3. Packaging waste generated in another Member State or outside the Community which is sent for recovery or recycling to a Member State shall not be counted as recovered or recycled in the Member State to which this packaging waste was sent.

Article 5

1. The weight of recovered or recycled packaging waste shall be measured using a natural humidity rate of the packaging waste comparable to the humidity of equivalent packaging put on the market. Corrections shall be made to measured data relating to the weight of recovered or recycled packaging waste, if the humidity rate of that packaging waste regularly and significantly differs from that of packaging placed on the market and if this factor risks leading to substantial over- or underestimates of packaging recovery or recycling rates. Those corrections shall be limited to exceptional cases, caused by specific climatic or other conditions. Significant corrections shall be reported in the descriptions relating to the data compilation, provided for in the fourth paragraph of Article 7.

2. The weight of recovered or recycled packaging waste shall, as far as is practical, exclude non-packaging materials collected together with the packaging waste. Corrections shall be made to the data relating to the weight of recovered or recycled packaging waste, if non-packaging materials in the waste sent to an effective recovery or recycling process risk leading to substantial over- or underestimates of packaging recovery or recycling rates. No corrections shall be made in the case of small amounts of non-packaging materials, or for such contamination as can regularly be found in packaging waste. Significant corrections shall be reported in the descriptions regarding the data compilation, provided for in the fourth paragraph of Article 7.

Article 6

In Articles 3, 4 and 5 the provisions on recovery shall apply mutatis mutandis to packaging waste incinerated at waste incineration plants with energy recovery.

Article 7

The Member States shall complete the tables shown in the Annex on an annual basis and shall send them to the Commission electronically. The tables shall cover the whole of each calendar year, and shall be submitted to the Commission, without prejudice to Regulation (EC) No 2150/2002 of the European Parliament and of the Council, within 18 months of the end of the relevant year. The Commission shall make these data available on a public website. Member States shall send, together with the completed tables, an appropriate description of how the data have been compiled. That description shall also give an explanation of any estimates used.

Article 8

Member States may provide, on a voluntary basis, such further data on packaging and packaging waste as is available. Such data may include the following:

(a) data on production, exports and imports of empty packaging;

(b) data on reusable packaging;

(c) specific sub-fractions of packaging such as composite packaging;

(d) concentration levels of heavy metals present in packaging within the meaning of Article 11 of Directive 94/62/EC, and the presence of noxious and other hazardous substances and materials within the meaning of the third indent of point 1 of Annex II to that Directive;

(e) packaging waste considered to be hazardous owing to contamination by product contents, within the meaning of Council Directive 91/689/EEC and Commission Decision 2000/532/EC.

Article 9

The Member States shall provide the data using the formats set out in the Annex beginning with the data for 2003.

Article 10

Decision 97/138/EC is repealed.

Article 11

This Decision is addressed to the Member States.

Done at Brussels, 22 March 2005. For the Commission Stavros Dimas Member of the Commission

ANNEX

ANNEX TABLE 1 Notes: 1.2.3.4.5.6.7.8.9.10.11. TABLE 2 Notes: 1.2.3.4. TABLE 3 Notes: 1.2.3. Quantities of packaging waste generated in the Member State and recovered or incinerated at waste incineration plants with energy recovery within or outside the Member State Quantities of packaging waste sent to other Member States or exported outside the Community for recovery or incineration at waste incineration plants with energy recovery Quantities of packaging waste generated in other Member States or imported from outside the Community and sent to the Member State for recovery or incineration at waste incineration plants with energy recovery

White boxes: Provision of data is mandatory. Estimates may be used though they should be based on empirical data and explained in the description of the methodology. Light shaded boxes: Provision of data is mandatory, but rough estimates are acceptable. These estimates should be explained in the description of the methodology. Dark shaded boxes: Provision of data is voluntary. For the purpose of this decision, the data on material recycling for plastics shall include all material recycled back into plastics. Column (c) includes all forms of recycling including organic recycling but excluding material recycling. Column (d) must be the sum of columns (b) and (c). Column (f) includes all forms of recovery excluding recycling and energy recovery. Column (h) must be the sum of columns (d), (e), (f) and (g). Rate of recovery or incineration at waste incineration plants with energy recovery for the purpose of Article 6(1) of Directive 94/62/EC: Column (h)/column (a). Recycling rate for the purpose of Article 6(1) of Directive 94/62/EC: Column (d)/column (a). The data for wood shall not be used for the purpose of evaluating the target of a minimum of 15 % by weight for each packaging material, as provided for in article 6(1)(c) of Directive 94/62/EC, as amended by Directive 2004/12/EC. (Tonnes) Material Packaging waste generated Recovered or incinerated at waste incineration plants with energy recovery by Material recycling Other forms of recycling Total recycling Energy recovery Other forms of recovery Incineration at waste incinerators with energy recovery Total recovery and incineration at waste incinerators with energy recovery (a) (b) (c) (d) (e) (f) (g) (h) Glass Plastic Paper and board Metal Aluminium Steel Total Wood Other Total The data in this table refer only to quantities that are supposed to be counted under the obligations of Directive 94/62/EC. They are a subset of the data already provided in table 1. This table is for information purposes only. Light shaded boxes: Provision of data is mandatory, but rough estimates are acceptable. These estimates should be explained in the description of the methodology. Dark shaded boxes: Provision of data is voluntary. For the purpose of this decision, the data on material recycling for plastics shall include all material recycled back into plastics. (Tonnes) Material Packaging waste sent to other Member States or exported outside the Community for Material recycling Other forms of recycling Energy recovery Other forms of recovery Incineration at waste incineration plants with energy recovery Glass Plastic Paper and board Metal Aluminium Steel Total Wood Other Total The data in this table are provided for information purposes only. They are neither contained in table 1 nor can they be counted for the fulfilment of targets by the concerned Member State. Dark shaded boxes: Provision of data is voluntary. For the purpose of this decision, the data on material recycling for plastics shall include all material recycled back into plastics. (Tonnes) Material Packaging waste generated in other Member States or imported from outside the Community and sent to the Member State for: Material recycling Other forms of recycling Energy recovery Other forms of recovery Incineration at waste incineration plants with energy recovery Glass Plastic Paper and board Metal Aluminium Steel Total Wood Other Total

Versions

1. 2005-03-22

Cited by

• Council Regulation (EU, Euratom) 2021/768 of 30 April 2021 laying down implementing measures for the system of own resources of the European Union and repealing Regulation (EU, Euratom) No 608/2014 Regulation · Grade B

  Where control and supervision measures concern the own resource based on plastic packaging waste that is not recycled referred to in point (c) of Article 2(1) of Decision (EU, Euratom) 2020/2053 the Commission shall have access to the documents relating to the procedures and to the data referred to in European Parliament and Council Directive 94/62/EC and in Commission Decision 2005/270/EC. The Commission’s inspections shall be carried out together with the competent authorities of the Member State concerned. During those inspections, the Commission shall make sure that the operations to calcu

• Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (Text with EEA relevance) Regulation · Grade B

  In order to ensure uniform conditions for the implementation of the reporting obligations, implementing powers should be conferred on the Commission to establish rules for calculation and verification of data on attainment of the recycling targets, separate collection rates of packaging covered by the deposit and return system, and data necessary for establishing the methodology for the recycled-at-scale assessment. That implementing act should also include methodology for determining the quantity of packaging waste generated as well as lay down the format for the submission of data. It should

• Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC (Text with EEA relevance) Regulation · Grade B

  Each Member State shall reduce the packaging waste generated per capita, as compared to the packaging waste generated per capita in 2018 as reported to the Commission in accordance with Decision 2005/270/EC, by at least:

• Commission Implementing Decision (EU) 2023/2683 of 30 November 2023 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on recycled plastic content in single-use plastic beverage bottles (Text with EEA relevance) Decision · Grade B

  The format for reporting data and information takes into consideration the measurement methods and reporting formats for packaging and packaging waste set out in Commission Decision 2005/270/EC, which are also based on weight and material.

• Council Regulation (EU, Euratom) 2021/770 of 30 April 2021 on the calculation of the own resource based on plastic packaging waste that is not recycled, on the methods and procedure for making available that own resource, on the measures to meet cash requirements, and on certain aspects of the own resource based on gross national income Regulation · Grade B

  To facilitate the introduction of the own resource based on non-recycled plastic packaging waste, Member States should provide forecasts by the last day of the second month following the entry into force of this Regulation. Those forecasts should be based on the best estimate of the weight of plastic packaging waste that is not recycled, calculated in accordance with the revised methodology set out in European Parliament and Council Directive 94/62/EC as amended by Directive (EU) 2018/852 of the European Parliament and of the Council and Commission Decision 2005/270/EC as amended by Commission

• Council Regulation (EU, Euratom) 2021/770 of 30 April 2021 on the calculation of the own resource based on plastic packaging waste that is not recycled, on the methods and procedure for making available that own resource, on the measures to meet cash requirements, and on certain aspects of the own resource based on gross national income Regulation · Grade B

  The own resource based on non-recycled plastic packaging waste shall be calculated as set out in point (c) of Article 2(1) of Decision (EU, Euratom) 2020/2053. The weight of plastic packaging waste that is not recycled shall be calculated in accordance with Article 6a of Directive 94/62/EC and the methodology set out in Decision 2005/270/EC, and in particular in Article 6c thereof.

• Council Regulation (EU, Euratom) 2021/770 of 30 April 2021 on the calculation of the own resource based on plastic packaging waste that is not recycled, on the methods and procedure for making available that own resource, on the measures to meet cash requirements, and on certain aspects of the own resource based on gross national income Regulation · Grade B

  In order to perform the calculation referred to in Article 6, each Member State shall, by the last day of the second month following the entry into force of this Regulation, provide the Commission with forecasts of the weight of plastic packaging waste that is not recycled from 2021 onwards and until the year following the entry into force of this Regulation. In the years 2021 and 2022, Member States may provide their forecasts of the weight of plastic packaging waste that is not recycled, calculated in accordance with Directive 94/62/EC as amended by Directive (EU) 2015/720 of the European Pa

• Commission Implementing Decision (EU) 2019/665 of 17 April 2019 amending Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (notified under document C(2019) 2805) (Text with EEA relevance) Decision · Grade B

  Commission Decision 2005/270/EC should be amended to bring its provisions in line with the new rules in Directive 94/62/EC as regards the calculation of the attainment of the targets, laid down in Article 5(2) regarding the possibility to take account of reusable sales packaging, in Article 5(3) regarding wooden packaging repaired for reuse and in Article 6a, as well as the changes to Article 12 on reporting.

• Commission Implementing Decision (EU) 2019/665 of 17 April 2019 amending Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (notified under document C(2019) 2805) (Text with EEA relevance) Decision · Grade B

  Decision 2005/270/EC is amended as follows:

• Commission Implementing Decision (EU) 2019/665 of 17 April 2019 amending Decision 2005/270/EC establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (notified under document C(2019) 2805) (Text with EEA relevance) Decision · Grade B

  The Annex to Decision 2005/270/EC is amended as follows:

• Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending Directive 94/62/EC on packaging and packaging waste (Text with EEA relevance) Directive · Grade B

  By 31 March 2019, the Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 3a of this Article. For the purposes of reporting on the implementation of points (a) to (e) of Article 6(1) of this Directive, Member States shall use the format established in Commission Decision 2005/270/EC. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2) of this Directive.

• Commission Implementing Decision (EU) 2022/162 of 4 February 2022 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting on the reduction in the consumption of certain single-use plastic products and the measures taken by Member States to achieve such reduction (Text with EEA relevance) Decision · Grade B

  Measuring consumption reduction on the basis of the weight of plastic content in single-use plastic products placed on the market is an appropriate measurement method since it reflects the environmental impact of such products in terms of environmental pollution by plastic littering. That method also takes into consideration the measurement methods and reporting formats for packaging and packaging waste set out in Commission Decision 2005/270/EC which are based on weight and material.

• Commission Implementing Decision (EU) 2026/1425 of 30 June 2026 laying down rules for the application of Directive (EU) 2019/904 of the European Parliament and of the Council as regards the calculation, verification and reporting of data on recycled plastic content in single-use plastic beverage bottles and repealing Commission Implementing Decision (EU) 2023/2683 (Text with EEA relevance) Decision · Grade B

  The format for reporting data and information takes into consideration the measurement methods and reporting formats for packaging and packaging waste set out in Commission Decision 2005/270/EC, which are also based on weight and material.

• Commission Implementing Regulation (EU) 2023/595 of 16 March 2023 establishing the form for the statement relating to the own resource based on non-recycled plastic packaging waste pursuant to Council Regulation (EU, Euratom) 2021/770 Regulation · Grade B

  It is necessary to establish uniform conditions on data reporting so that all Member States report the information about plastic packaging waste in comparable terms, in order to ensure their equal treatment during the verification of the data and to clarify the applicable methodology for the purpose of the plastic own resource. Therefore, the calculations methodology set out in Commission Decision 2005/270/EC should be further detailed.

• Commission Implementing Regulation (EU) 2023/595 of 16 March 2023 establishing the form for the statement relating to the own resource based on non-recycled plastic packaging waste pursuant to Council Regulation (EU, Euratom) 2021/770 Regulation · Grade B

  calculation point means calculation point as defined in Article 2(1)(d) of and Annex II to Decision 2005/270/EC;

• Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom Decision · Grade B

  For the purposes of point (c) of paragraph 1 of this Article, plastic shall mean a polymer within the meaning of point (5) of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council, to which additives or other substances may have been added; packaging waste and recycling shall have the meaning assigned to those terms in points (2) and (2c) of Article 3 of European Parliament and Council Directive 94/62/EC respectively, and as used in Commission Decision 2005/270/EC. The weight of plastic packaging waste that is not recycled shall be calculated as the difference

• Commission Implementing Decision (EU) 2018/896 of 19 June 2018 laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 2005/270/EC (notified under document C(2018) 3736) (Text with EEA relevance) Decision · Grade B

  Formats for reporting on packaging and packaging waste are set out in Commission Decision 2005/270/EC. New formats are necessary for the purposes of reporting on the consumption of lightweight plastic carrier bags. Decision 2005/270/EC should therefore be amended accordingly.

• Commission Implementing Decision (EU) 2018/896 of 19 June 2018 laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 2005/270/EC (notified under document C(2018) 3736) (Text with EEA relevance) Decision · Grade B

  Member States using the methodology laid down in paragraph 1(a) shall report the annual consumption of lightweight plastic carrier bags using Table 4 in the Annex to Decision 2005/270/EC.

• Commission Implementing Decision (EU) 2018/896 of 19 June 2018 laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 2005/270/EC (notified under document C(2018) 3736) (Text with EEA relevance) Decision · Grade B

  Member States using the methodology laid down in paragraph 1(b) shall report the annual consumption of lightweight plastic carrier bags using Table 5 in the Annex to Decision 2005/270/EC.

• Commission Implementing Decision (EU) 2018/896 of 19 June 2018 laying down the methodology for the calculation of the annual consumption of lightweight plastic carrier bags and amending Decision 2005/270/EC (notified under document C(2018) 3736) (Text with EEA relevance) Decision · Grade B

  Member States using the methodology laid down in paragraph 1(a) shall report the annual consumption of lightweight plastic carrier bags using Table 6 in the Annex to Decision 2005/270/EC.