No L 365/10 Official Journal of the European Communities 31.12. 94 EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 94/62/EC of 20 December 1994 on packaging and packaging waste THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, ’ Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (%), ' Acting in 'accordaﬁce with the procedure laid down in Article 189b of the Treaty (%), Whereas the differing national measures concerning the management of packaging and packaging waste should be harmonized in order, on the one hand, to prevent any impact thereof on the environment or to reduce such - impact, thus providing a high level of environmental protection, and, on the other hand, to ensure the functioning of the-internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community; Whereas the best means of preventing the creation of packaging waste is to reduce the overall volume of packaging; Whereas it is important, in relation of the objectives of . this Directive, to respect the general principle that measures taken in one Member State to protect the ~ environment should not adversely affect the ability of other Member States to achieve the objectives of the Directive; . Whereas the reduction of waste is essential for the sustainable growth specifically called for by the Treaty on European Union; (1) OJ No C 263, 12. 10. 1992, p. 1 and OJ No C 285, 21. 10. 1993, p. 1. (3) O] No C 129, 10. 5. 1993, p. 18. (%) Opinion of the European Parliament of 23- June 1993 (O] No C 194, 19. 7. 1993, p. 177), common position of the Council of 4 March 1994 (O] No C 137, 19. 5. 1994, p. 65) and Decision of the European Parliament of 4 May 1994 (O] No C 208, 25. 7. 1994, p. 163). Confirmed on 2 December 1993 (O] No C 342, 20. 12. 1993, p. 15). Joint text of the Conciliation Committee of 8 November 1994. Whereas this Directive should cover all types of packaging placed on the market and all packaging waste; whereas; therefore, Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption (*) should be repealed; Whereas packaging has a vital social and economic function and therefore measures provided for in this Directive should apply without prejudice to other relevant legislative requirements affecting quality and transport of packaging or packaged goods; Whereas, in line with the Community strategy for waste " management set out in Council resolution of 7 May 1990 on waste policy (°) and Council Directive 75/442/EEC of 15 July 1975 on waste (), the management of packaging and packaging waste should include as a first priority, prevention of packaging waste and, as additional fundamental principles, reuse of packaging, recycling and other forms of recovering packaging waste and, hence, reduction_of the final disposal of such waste; Whereas, until scientific and technological progress is made with regard to recovery processes, reuse and recycling should be considered preferable in terms of environmental impact; whereas this requires the setting up in the Member States of systems guaranteeing the return of used packaging andfor packaging waste; whereas life-cycle assessments should be completed as soon as possible to justify a clear hierarchy between reusable, recyclable and recoverable packaging; Whereas prevention of packaging waste shall be carried out through appropriate measures, including initiatives taken within the Member States in accordance with the objectives of this Directive; Whereas Member States may encourage, in accordance with the Treaty, reuse systems of packaging which can be reused in an environmentally sound manner, in order to _take advantage of the contribution of such systems to environmental protection; Whereas from an environmental point of view recycling should be regarded as an important part of recovery with {*) OJ No L 176, 6. 7. 1985, p. 18. Directive as amended by Directive 91/629/EEC (O] No L 377, 31. 12. 1991, p. 48). {*) OJ No C 122, 18. 5. 1990, p. 2. {(¢) OJ No L 194, 25. 7. 1975, p. 39. Directive as last amended by Directive 91/156/EEC (O] No L 78, 26. 3. 1991, p. 32).