ABSTRACT
Prior to the enactment of the Directive, a recurring problem in conducting comparisons among different packaging waste legislation was the disparate range of terminology among the Member States. One of the most perplexing problems during the drafting of the Directive was how to harmonise the existing packaging laws of the few Member States which had them. Member States are already required to prepare ‘waste management plans’ pursuant to the Waste Directive. The Commission is required to promote European standards as to the essential requirements of Annex II, i.e., the composition and the reusable, recoverable and recyclable nature of packaging materials. Member States must ensure that system(s) are established to provide for the return and collection of both used packaging and packaging waste from the final user, whether it be the consumer or some other individual/entity. The final version of the Directive added a definition of voluntary agreements, in recognition of the Dutch, Danish and Belgian packaging agreements then in existence.
