4.3.1999 Official Journal of the European Communities L 56/47 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 8 February 1999 establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/ 62/EC on packaging and packaging waste (notified under document number C(1999) 246) (Text with EEA relevance) (1999/177/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to the European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste ('), and in particular Article 11(3) thereof, Whereas plastic crates and plastic pallets constitute a rel- evant practical case in which the appropriate conditions may be enforced; Whereas the reuse of packaging and the recycling of packaging waste are fundamental aims of the Directive; Whereas the conditions for the derogation for new pack- aging should apply, in general, to all the packaging in the chain into which the new packaging is introduced; Whereas the derogation is to expire 10 years after its entering into force, unless it is decided to extend the derogation in accordance with the procedure laid down in Article 21 of Directive 94/62/EC; Whereas the measures provided for in this Decision are in accordance with the opinion of the Committee estab- lished pursuant to Article 21 of Directive 94/62/EC, () OJ L 365, 31. 12. 1994, p. 10. HAS ADOPTED THIS DECISION: Article 1 This Decision shall apply to all packaging covered by Directive 94/62/EC and aims to establish the conditions under which the concentration levels of Article 11 of Directive 94/62/EC may not apply, without prejudice to the derogation in Article 22 of Directive 94/62/EC, to plastic crates and plastic pallets used in product loops which are in a closed and controlled chain. Article 2 For the purposes of this Decision: — the definitions set out in Article 3 of Directive 94/ 62/EC shall apply, — ‘intentional introduction’ shall mean the act of delib- erately utilising a substance in the formulation of a packaging or a packaging component where its continued presence is desired in the final packaging or packaging component to provide a specific charac- teristic, appearance or quality. The use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of regulated metals, is not considered intentional introduction, — ‘incidental presence’ shall mean the presence of a metal as an unintended ingredient of a packaging or packaging component,