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 11(3) thereof,
Whereas:
(1)
Directive 94/62/EC provides in Article 11 a gradual reduction of the concentration of heavy metals in packaging.
(2)
Experience of the first years of application of Article 11 has shown that there is a specific problem in the glass sector, as the recycled glass is contaminated by glass material containing high quantities of lead.
(3)
The full applications of the level of 100 ppm, which is due to enter into force on 30 June 2001, might have as a consequence that the use of recycled glass is reduced, in order to comply with Article 11. This result is environmentally not desirable for this reason.
(4)
The derogation is intended for glass packaging taking account of its characteristics in relation to emissions of heavy metals and the importance of further encouraging glass recycling.
(5)
The 100 ppm limit is to be concerned by the derogation.
(6)
Measurements results from production sites and measurement methods employed should be made available to the competent authorities if requested.
(7)
The derogation is to expire on 30 June 2006 unless this deadline is extended in accordance with the procedure laid down in Article 21 of Directive 94/62/EC.
(8)
The measures provided for in this Decision are in accordance with the opinion of the Committee, established pursuant to Article 21 of European Parliament and Council Directive 94/62/EC,
HAS ADOPTED THIS DECISION: