Packaging Ordinance Annex II (to section 13 subsection (2)) Specification of conditions under which plastic crates and plastic pallets are exempted from the limit values for heavy metals laid down in section 13 subsection (1)

Packaging Ordinance Annex II (to section 13 subsection (2)) Specification of conditions under which plastic crates and plastic pallets are exempted from the limit values for heavy metals laid down in section 13 subsection (1)

No. 1 Scope of Application

The limit value laid down for heavy metals in section 13 subsection (1) shall not apply to plastic crates and plastic pallets used in product loops which are in a closed and controlled chain.

No. 2 Definition of Terms

For the purposes of this specification, the following definitions shall apply:

- “Intentional introduction”: The act of deliberately utilising a substance in the formulation of a packaging or a packaging component where its continued presence is desired in the packaging or packaging component to provide a specific characteristic, 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”: The presence of a metal as an unintended ingredient of a packaging or packaging component.

- “Product loops which are in a closed and controlled chain”: Product loops in which products circulate with a controlled reuse and distribution system and in which the recycled material originates only from these entities in the chain so that the introduction of external material is just the minimum technically feasible and from which these entities may only be removed in a specially authorised procedure so that return rates are maximised.

No. 3 Manufacture and labelling

(1) Manufacture shall follow a controlled process of substance recycling in which the recycled material is produced using solely plastic crates and plastic pallets and in which the introduction of substances not stemming from the cycle is restricted to the minimum technically feasible, up to a maximum of 20 percent by weight.

(2) Lead, cadmium, mercury and hexavalent chromium shall not be deliberately added during the manufacturing process or during distribution. The incidental presence of any of these substances shall remain unaffected hereby.

(3) The limit value may be exceeded only as a result of the addition of recycled materials.

(4) New plastic crates or pallets containing the regulated metals shall be identified in a permanent and visible way.

No. 4 System requirements and other management options

(1) A system of inventory and record keeping shall be established, including a method of regulatory and financial accountability, to document the compliance with the requirements of Nos. 3 and 4, including the return rates, that is, the percentage of returnable entities which are not discarded after use but are returned to the manufacturer or packer / filler or an authorised representative and shall be as high as possible but in no case lower than 90 percent over the lifetime of the plastic crates or plastic pallets. The system shall account for all the reusable entities put into, and removed from, service.

(2) All returned plastic crates and plastic pallets that are no longer reusable shall either be consigned to a process of substance recycling with a view to producing new plastic crates and plastic pallets as specified in No. 3 or be disposed of in a manner that is commensurate with the public good.

No. 5 Declaration of Conformity and Annual Report

(1) The manufacturer or its authorised representative shall on an annual basis issue a written declaration of conformity stating that the plastic crates and plastic pallets manufactured in accordance with this Annex meet the requirements laid down in this Ordinance. It shall furthermore draw up an annual report to specify how the requirements of the Annex are complied with. The report shall in particular specify any changes to the system and any change with regard to the authorised representatives.

(2) The manufacturer or its authorised representative shall keep this documentation in their archives for at least four years and submit them to the competent authority on request.

(3) Where neither the manufacturer nor his authorised representative is established within the territorial scope of this Ordinance, the obligation to keep this documentation available shall be the responsibility of the person who puts the product into circulation within the territorial scope of this Ordinance.