EU32023D1060Enacted

Commission Implementing Decision (EU) 2023/1060 of 30 May 2023 on a harmonised standard for test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers drafted in support of Directive (EU) 2019/904 of the European Parliament and of the Council (Text with EEA relevance)

Jurisdiction:
European Union
Type:
Labeling · Deposit Return
Last action:
Jan 1, 2023
Plastic Packaging
Next steps for producers

Confirm your obligations with National Packaging Producer Registers (EU PPWR) and track its implementing rules

Obligations under this law
  • ·Ensure plastic caps and lids remain attached to beverage containers in conformity with the requirements of Article 6(1) of Directive (EU) 2019/904
  • ·Demonstrate conformity with tethered cap/lid requirements using harmonised standard EN 17665:2022+A1:2023 test methods and requirements to obtain presumption of conformity
National Packaging Producer Registers (EU PPWR)

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Implementing decision establishing harmonized test standards for detachable plastic caps/lids on beverage containers under SUP Directive 2019/904, directly supporting deposit return scheme functionality and litter prevention in circular economy framework.
Covered Products
  • ·Single-use plastic beverage containers with a capacity of up to three litres that have caps and lids made of plastic
  • ·Plastic caps and lids for beverage containers
Producer Obligations
  • ·Ensure plastic caps and lids remain attached to beverage containers in conformity with the requirements of Article 6(1) of Directive (EU) 2019/904
  • ·Demonstrate conformity with tethered cap/lid requirements using harmonised standard EN 17665:2022+A1:2023 test methods and requirements to obtain presumption of conformity
Key Deadlines
Jun 1, 2023compliance: Presumption of conformity with tethered caps/lids requirements under Article 6(1) of Directive (EU) 2019/904 available from date of publication of EN 17665:2022+A1:2023 reference in the Official Journal
Preemption Notes
This is a harmonised standard decision; compliance with EN 17665:2022+A1:2023 confers a presumption of conformity with Article 6(1) of Directive (EU) 2019/904 across all EU/EEA member states. Use of the standard is voluntary but provides a safe harbour. Member states may not impose divergent national technical requirements where this harmonised standard applies.
Compliance Dimensions
Bans & RestrictionsPlastic caps and lids that are not tethered/attached to single-use plastic beverage containers (up to 3 litres capacity) (Design Ban)

In accordance with Article 6(4) of Directive (EU) 2019/904 of the European Parliament and of the Council, single-use plastic products referred to in Article 6(1) of that Directive which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the requirements set out in Article 6(1) to that Directive covered by those standards or parts thereof.

Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.

Full bill text

1.6.2023

EN

Official Journal of the European Union

L 142/34

COMMISSION IMPLEMENTING DECISION (EU) 2023/1060
of 30 May 2023

on a harmonised standard for test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers drafted in support of Directive (EU) 2019/904 of the European Parliament and of the Council
(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council ( 1 ) , and in particular Article 10(6) thereof,

Whereas:

(1)

In accordance with Article 6(4) of Directive (EU) 2019/904 of the European Parliament and of the Council ( 2 ) , single-use plastic products referred to in Article 6(1) of that Directive which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the requirements set out in Article 6(1) to that Directive covered by those standards or parts thereof.

(2)

By Commission Implementing Decision C(2020) 7244 ( 3 ) , the Commission made a request to the European Committee for Standardisation (CEN) to draft a new harmonised standard regarding certain single-use plastic beverage containers with a capacity of up to three litres that have caps and lids made of plastic, in support of Article 6(1) of Directive (EU) 2019/904.

(3)

On the basis of the request set out in the Implementing Decision C(2020) 7244, CEN drafted the new harmonised standard EN 17665:2022+A1:2023.

(4)

The Commission together with CEN has assessed whether the standard drafted by CEN complies with the request set out in Implementing Decision C(2020) 7244.

(5)

The harmonised standard EN 17665:2022+A1:2023 satisfies the requirements which it aims to cover and which are set out in Directive (EU) 2019/904. It is therefore appropriate to publish the references of that standard in the Official Journal of the European Union .

(6)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union . This Decision should therefore enter into force on the date of its publication,

HAS ADOPTED THIS DECISION:

Article 1
The reference to harmonised standard ‘EN 17665:2022+A1:2023, Packaging – Test methods and requirements to demonstrate that plastic caps and lids remain attached to beverage containers’ drafted in support of Directive (EU) 2019/904 is hereby published in the Official Journal of the European Union .

Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union .

Done at Brussels, 30 May 2023.

For the Commission

The President

Ursula VON DER LEYEN

( 1 )
OJ L 316, 14.11.2012, p. 12 .

( 2 ) Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment ( OJ L 155, 12.6.2019, p. 1 ).

( 3 ) Commission Implementing Decision C(2020) 7244 of 27 October 2020 on a standardisation request to the European Committee for Standardisation as regards certain single-use plastic beverage containers with a capacity of up to three litres that have caps and lids made of plastic in support of Directive (EU) 2019/904 of the European Parliament and of the Council.

Full text as ingested. Verify against the official source above.

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