【正文】
nvolved in the production, use, import and distribution of packaging and packaged products bee more aware of the extent to which packaging bees waste, and that in accordance with the polluterpays principle they accept responsibility for such waste。 Whereas the preparation of European standards for essential requirements and other related issues should be promoted。 Whereas the requirements for the manufacturing of packaging should not apply to packaging used for a given product before the date of entry into force of this Directive。 Whereas, in order to minimize the impact of packaging and packaging waste on the environment and to avoid barriers to trade and distortion of petition, it is also necessary to define the essential requirements governing the position and the reusable and recoverable (including recyclable) nature of packaging。 Whereas, on the other hand, certain Member States may be allowed to adopt lower targets because of the specific circumstances in those Member States, on condition that they achieve a minimum target for recovery within the standard deadline, and the standard targets by a later deadline。 Whereas, in order to achieve results in the medium term and to give economic operators, consumers and public authorities the necessary perspective for the longer term, a mediumterm deadline should be set for attaining the aforementioned targets and a longterm deadline set for targets to be determined at a later stage with a view to substantially increasing those targets。 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, 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。 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。 therefore, Council Directive 85/339/EEC of 27 June 1985 on containers of liquids for human consumption (4) should be repealed。 whereas this requires the setting up in the Member States of systems guaranteeing the return of used packaging and/or packaging waste。 Whereas from an environmental point of view recycling should be regarded as an important part of recovery with a particular view to reducing the consumption of energy and of primary raw materials and the final disposal of waste。 Whereas the European Parliament and the Council should, on the basis of reports by the Commission, examine the practical experience gained in Member States in working towards the aforementioned targets and the findings of scientific research and evaluation techniques such as ecobalances。 Whereas the management of packaging and packaging waste requires the Member States to set up return, collection and recovery systems。 Whereas the presence of noxious metals and other substances in packaging should be limited in view of their environmental impact (in particular in the light of their likely presence in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled)。 whereas a transition period for the marketing of packaging is also required。 Whereas the measures provided for in this Directive imply the development of recovery and recycling capacities and market outlets for recycled packaging materials。 whereas the development and implementation of the measures provided for in this Directive should involve and require the close cooperation of all the partners, where appropriate, within a spirit of shared responsibility。 Whereas Member States should, without prejudice to Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (1), notify the Commission of drafts of any measures they intend to adopt before adopting them, so that it can be established whether or not they ply with the Directive。 Article 1 Objectives 1. This Directive aims to harmonize national measures concerning the management of packaging and packaging waste in order, on the one hand, to prevent any impact thereof on the environment of all Member States as well as of third countries 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 petition within the Community. 2. To this end this Directive lays down measures aimed, as a first priority, at preventing the production of packaging waste and, as additional fundamental principles, at reusing packaging, at recycling and other forms of recovering packaging waste and, hence, at reducing the final disposal of such waste. 第 2條 范 圍 ,不管它們是工業(yè)、商業(yè)、辦公室、商店、服務(wù)業(yè)、家庭或其他場所使用的或廢棄的,也不管使用的是什么材料。 “包裝物”只包括: (a) 銷售包裝物或初次包裝物,即被認(rèn)為是在采購地點構(gòu)成某個向最終使用者或消費者提供的銷售單元的包裝物; (b) 組合的包裝物或二次包裝物,即被認(rèn)為是在采購地點構(gòu)成一組一定數(shù)量的銷售單元的包裝物,不管這些銷售單元是以這種方式向最終使用者或消費者銷售的還是僅僅 作為補充銷售地點貨架的一種方式;從產(chǎn)品上拿掉這類包裝物并不影響該產(chǎn)品的特性; (c) 運輸包裝物或三次包裝物,即被認(rèn)為是為了便于搬運和運輸若干銷售單元或組合的包裝物,以防止在搬運和運輸過程中遭到物理損壞的包裝物。 4.“預(yù)防”是指通過開發(fā)清潔產(chǎn)品和技術(shù)而減少: —— 包裝物 和廢棄包裝物中所含的材料和物質(zhì); —— 在生產(chǎn)過程中以及銷售、批發(fā)、使用和清除階段的包裝物和廢棄包裝物的數(shù)量及其對環(huán)境的危害。 8.“能量回收”是指利用可燃的廢棄包裝物,通過加入或不加入其他廢棄料直接焚化而產(chǎn)生能量,但熱能回收情形除外。 11. 與包裝物相關(guān)的“經(jīng)營者”是指包裝材料的供應(yīng)商、包裝物生產(chǎn)商和改裝商、裝填者和 使用者、進口商、貿(mào)易商和批發(fā)商、主管當(dāng)局和法定組織。packaging` shall mean all products made of any materials of any nature to be used for the containment, protection, handl