Packaging Ordinance Annex V (to section 3 subsection (1) No. 1)

Packaging Ordinance Annex V (to section 3 subsection (1) No. 1)

1. Criteria for the definition of “packaging” pursuant to section 3 subsection (1) No. 1

(a) Items shall be considered to be packaging if they fulfil the definition mentioned in section 3 subsection (1) No. 1 without prejudice to other functions which the packaging might also perform, unless the item is an integral part of a product and it is necessary to contain, support or preserve that product throughout its lifetime and all elements are intended to be used, consumed or disposed of together.

(b) Items designed and intended to be filled at the point of sale and “disposable” items sold filled or designed and intended to be filled at the point of sale shall be considered to be packaging provided they fulfil a packaging function.

(c) Packaging components and ancillary elements integrated into packaging shall be considered to be part of the packaging into which they are integrated. Ancillary elements hung directly on, or attached to, a product and which perform a packaging function shall be considered to be packaging unless they are an integral part of this product and all elements are intended to be consumed or disposed of together.

2. Illustrative examples for the criteria

Illustrative examples for criterion (a)

Items that are considered as packaging:

- Sweet boxes
- Film overwrap around a CD case

Items that are not considered as packaging:

- Flower pots intended to stay with the plant throughout its life

- Tool boxes

- Tea bags

- Wax layers around cheese

- Sausage skins

Illustrative examples for criterion (b)

Items that are considered as packaging, if designed and intended to be filled at the point of sale:

- Paper or plastic carrier bags

- Disposable plates and cups

- Cling film

- Sandwich bags

- Aluminium foil

Items that are not considered as packaging:

- Stirrer

- Disposable cutlery

Illustrative examples for criterion (c)

Items that are considered as packaging:

- Labels hung directly on or attached to a product

Items that are not considered as packaging:
- Mascara brush which forms part of the container closure

- Sticky labels attached to another packaging item

- Staples

- Plastic sleeves

- Device for measuring dosage which forms part of the container closure for detergents.