No L 52/22 Official Journal of the European Communities 22. 2. 97 COMMISSION DECISION of 3 February 1997 establishing the formats relating to the database system pursuant to European Parliament and Council Directive 94/62/EC on packaging and packaging waste (Text with EEA relevance) (97/138/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste ('), and in particular Article 12 (3) thereof, Whereas the formats and the data framework should be periodically reviewed on the basis of practical experience, and if necessary, revised; Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee es- tablished pursuant to Article 21 of Directive 94/62/EC, HAS ADOPTED THIS DECISION: Article 1 This Decision, which covers all packaging placed in the market in the Community and all packaging waste, as indicated in Article 2 (1) of Directive 94/62/EC, aims to establish the formats relating to the database systems on packaging and packaging waste which are to be es- tablished in order to contribute to enabling Member States and the Commission to monitor the implementa- tion of the objectives set out in Directive 94/62/EC. These formats are intended to harmonize the character- istics and presentation of the data produced and to make the data of the Member States compatible. Article 2 For the purposes of this Decision: — the same definitions set out in Article 3 of Directive 94/62/EC shall apply where relevant, — ‘composite’ means packaging made of different ma- terials, and which cannot be separated by hand, none exceeding a given percent by weight, which shall be established in accordance with the procedure laid down in Article 21 of Directive 94/62/EC. Potential exemptions for some materials may be established by the same procedure. () OJ No L 365, 31. 12. 1994, p. 10. Article 3 The formats presented in the Annexes shall be completed on an annual basis, starting with data for the year 1997 and covering the whole of each calendar year, and shall be provided to the Commission within 18 months of the end of the relevant year. They shall also be made available to the Commission with the national reports to be completed in accordance with Article 17 of Directive 94/62/EC. Article 4 Member States shall present to the Commission appro- priate qualitative information about concentration levels of heavy metals present in packaging within the meaning of Article 11 of Directive 94/62/EC and on the presence of noxious and other hazardous substances and materials within the meaning of the third indent of point 1 of Annex II to Directive 94/62/EC. Member States shall also present to the Commission quantitative information about packaging waste con- sidered as hazardous due to contamination by product contents within the meaning of Council Directive 91/689/EEC (%) and Council Decision 94/904/EEC (%), in particular if it is not suitable for recovery. A report is to be presented to the Commission not later than the end of the first five year phase referred to in Article 6 (1) of Directive 94/62/EC. This is to be repeated for the successive five-year periods. Article 5 Member States shall present to the Commission the completed formats set out in this Decision, together with an appropriate description of how data have been compiled as well as the main characteristics of the data- bases from which the data are extracted. In particular, the description shall include the estimations used in the calculation of the quantities and rates of pack- aging waste recovered and recycled and of the rates of reuse. () OJ No L 377, 31. 12. 1991, p. 20. () OJ No L 356, 31. 12. 1994, p. 14.