Dear Partners,
Let us suggest to you about review and update of Czech Standards CSN 77 0052-2 and
CSN 77 0053 dealing with a packaging marking in the terms of Packaging Law 477/2001 Col.
from August 2003.
Before we will look into the details of changes, there is necessary to emphasize
that any stricter or broader marking requirements aren’t applied. Provided changes
result in better understanding to marking requirements only.
There will be better to go over packaging marking requirements given by the
Packaging Law No. 477/2001 Col. itself, before we pick up articles of the Standards.
“Packaging Law 477/2001 Col. § 6 “Packaging Marking“:
(1) The person that markets or circulates a packaging by sale to the consumer, shall
secure compliance of following marking on the package or a label:
a) the material (substance) of which the package is made; and
b) the way of disposal of used package.
(2) The marking as provided in Par. 1 shall be clearly visible and easily legible. It
shall be adequately resistant and durable even after the opening of the package.
(3) The form of marking of packages in compliance with Par. 1, 2 shall be provided
in an operating regulation“.
The Law briefly saying that we have to present (mark) on packages taken over to
consumer (according to Law 634/1992 Col. of consumer rights protection: “Consumer is the
natural entity that purchasing products or make use service for its direct home
consumption of natural entities, especially its own and its household“) identification of
material from packaging was made and way of disposal of used packaging in extent given by
operating regulation. As we later recognize, wording “in extent given by operating
regulation“ is very important. This operating regulation is the Decree of the Ministry of
Industry and trade 115/2002 Col., Particulars of Packaging Waste treatment that saying in the
Article 6:
“1. The packaging material identification shall be provided according Czech Standard
CSN 77 0052-2.
2. The way of disposal of used packaging shall be provided according Czech Standard
CSN 77 0053“.
From upper mentioned provisions is clear that we shall provide information to
consumers foresmuch as it is required by the Standards and where is the Standards made them
voluntary, it depends whether we take an advantage of willingness or whether we add them
over on the packaging.
Note to text of document:
Only wording printed „bold and within quotation marks” is the accurate wording or
translation from packaging technical standards, law or decree. Other text is explanation or
comment of framer of the document.
kolar@ekokom.cz
CSN 77 0052-2 – Identification Marking of Packages for
Subsequent Packaging Waste Recovery
There is necessary to realize that former term “packaging“ used in previous version
was essentially substituted by term “packaging component“ before we begin to pick out
provisions of updated version of this Standard. Main purpose was a complicated definition of
packaging unlike to a packaging component.
Note: If you realize bottle of mineral water, then only functional unit consisted of several
components (container, closure and sticker), pieced together fulfils packaging functions (to
protect, to contain, to inform, etc.) Unfortunately, extreme judgements still carry over (exist)
that a container or a closure itself, even a sticker itself being considered as a packaging. They
are just components of a packaging, because these components themselves do not fulfil
required packaging functions. Only, if we fit all of them (as well as the product)
together, we originate a functional packaging from them!
Now we will follow wording of the Standard itself. There is important to realize what
matter of the Standard is, at the first. Two basic facts are premised already in the beginning.
At the first: “The marking according to this Standard refers to any packaging
component of consumer packages made from metals, plastics and composite materials“.
It means that this way of marking is OBLIGATORY for respective materials.
At the second: “Marking of packaging components of consumer packages made
from other materials (paper, glass, wood and textile) is voluntary“. It means that we have
two possibilities in such a case. To apply marking in recommended way or to take possibility
and don’t apply marking, because the origin of used material is a quite evident. Consumers
certainly recognize such a material as a paper, glass or wood. In case of textile packaging, the
consumer could waver between natural material and plastics. In case of paper, the consumer
shouldn’t waver in origin of packaging, but there are also cases that consumers consider
packaging made from a plastic as a paper (for example: PP – polypropylene – bags for
potatoes chips or sweets, with special mat surface dressing).
Fundamental chapter of this Standard are basic definitions and terms that being used in
the text. We really “get lost“ within it’s structure of without their knowledge.
1. “Identification marking for the recovery of packaging waste (hereinafter,
identification marking):
- mark consisting of an identification code and a graphic symbol;
- or an alphabetic identification code only“
Examples:
1
1
PET
kolar@ekokom.cz
PET
PET
All four varieties have the same meaning and decision for any variety depends on filler
or importer only. There is absolute freedom of a choice.
Important softening of marking requirement is wording “or alphabetic identification
code only” (note: it could be for example pressed into bottom of bottle or pot). We should
certainly avoid to present numerical code only without graphic symbol, therefore following
example shouldn’t occur on packs!!
1
2. “Identification code: numerical and/or alphabetic identification code of the
type of material of which the packaging component is made“. The Standard also contains
annex with abbreviations and numberings for all material groups. Usage of ISO Standards (for
example ISO 1043-1) is recommended, in case that you won’t find out respective material in
the sheets of annex. It concerns mostly group of plastics, where the range of used types has
broaden continuously out. In case of imports on Czech market, there isn’t necessary to suspect
that this way of marking is something artificial and local. Both types of codes come from EU
Decision to material identification no. 97/129/EC. Unfortunately, material identification is
mandatory and requisite under threat of high fines in Czech Republic, but in the most of EU
countries it is just voluntary and only recommended.
3. “Graphic symbol: a figure consisting of three arrows arranged in an
equilateral triangle“. This is common sign „Ommius Loop“ generally used for emphasis that
material itself or it’s energy gain could be recovered. There isn’t need of any other
agreements or approvals regarding copyrights or licence for its usage or presentation on the
packaging.
4. “Composite package: a package made of a different material groups (for
example: paper, plastics, metals, glass, etc.) which cannot be separated manually (e.g. a
package made of layered materials, or one whose bottom, lid or other part is made of
different, manually inseparable materials); a material consists of a several materials,
irrespective whether a material comes from one or several material groups, where one
material reaches minimal 95% by the weight, doesn’t considered as a composite and
should be marked according to dominant material. (For example: vial of aerosol sprayer
made from glass covered by plastic with plastic cock; vial of aerosol sprayer made from
metal with plastic cock etc.)“.
Other example of composite packaging could be so called “box for milk or juice“,
“tetrapak“ – beverage carton that consists of liners of paper, plastic and/or aluminium in case
of durable products and maybe plastic cap. These substances and components could not be
separated by hand.
Next example could be foil used for foil for coffee bags or frozen food that consists of
plastic and aluminium inseparable liners by hand.
BEWARE! In such a case we can see around something that it appears as a
“aluminium foil”, but it could be just paint, coating or etc. that represents less than 5% of
packaging by weight! Such a packaging isn’t composite in the sense of Standard and they
will be marked by used plastic material identification.
kolar@ekokom.cz
Other term that could confuse readers is combined packaging - the term used for
example in IATA or ADR provisions. What is it? How does it differ from a composite
packaging? Difference is in wording: “made of a different material groups (for example:
paper, plastics, metals, glass, etc.) which “CAN” be separated manually. Example of
combined packaging could be packaging of toothpaste (paper box + plastic or ALU tube) or
packaging of ready-to-eat cereals (paper box + plastic bag).
5. “Packaging component: part of packaging that can be separated by hand or by
using simple physical means (EN 13193).“ This is important and fundamental definition,
because it really effect obligation of marking when we shall apply and when it depends on our
free consideration.
A. “The various systems may be used to identify material of packaging“. The
Standard takes in to a consideration fact that other standardisation systems of material
identification of products or packaging are used (for example ISO 1043-1 or EN 14311)
globally or in Europe only. Therefore, the possibility to leaving present marks is expressly
quoted. The only important is your ability to define used material identification standard
different to this Standard in case of inspection of Czech respective control bodies (Retail
Inspection, Environment Inspection).
B. “It is recommended to use preferably the alphabetic identification code for
individual types of packaging materials as provided in Annexes B to H, which may be
supplemented by a graphic symbol. The numerical identification code as provided in
Annexes B to H shall be always supplemented by the graphic symbol.” Basically, it is just
continuation of the previous requirement and it expresses just RECOMENDATION to use
this system.
C. “There is recommended to apply (present) numerical identification codes into
the middle of the graphic symbol and alphabetic identification codes below the graphic
symbol“. Emplacement of alphabetic and numerical codes is not only recommended, but also
generally fixed in production routine.
D. “The identification marking shall be applied (presented) directly on packaging
components from those package consists, by printing, embossing or stamping or by any
suitable way“.
E. “The identification marking of a packaging component can be applied
(presented) on the label that is fit on the component“. Requirement of marking position on
packaging remains quite general and allows to producer or filler number of possibilities as it
been written.
Nevertheless it has elaborated on the following text, it accrue from this provision that
material identification of such a component as a sticker could be proved misleading, because
consumer isn’t able to realize, if it refer to container or to sticker. But marking shall fulfil also
following provision:
F. “Durability and resistant ability of marking on packages should respond to
forecasted time of a recovery or a disposal of package“.
kolar@ekokom.cz
The mostly discussed topic in connection with marking obligation is the question of
options; let us say the fact when the marking shall be provided and when is possible to
abstain; which packaging component marks and which do not mark.
1. “The packaging components heavier that 5 g shall be marked by the material
identification marking“. It means that it is impalpable if we waiver of marking of any
packaging component REGARDLESS OF ITS DIMENSIONS MEASURES lighter 5g (for
example sags, closures, caps, stickers etc.). If the material identification marking is already
presented on such a component, it is certainly in order, but if it doesn’t, we needn’t to provide
it additionally, for example on sticker.
2. “The identification marking hasn’t to be presented on the following packaging
components although the term of point 5.1 is met:
- labels, stickers, tags;
- closures, caps, lids, stopgaps;
- dosing and charging devices, applicators;
- inner fixing elements, interlayer, and inserts, unless marked by printing,
embossing and/or stamping;
- packages whose nominal volume is 50 ml or less;
- packages made from shrink foil or extruded plastic foil, unless printed on and
labelled“.
The fundamental change is amendment of statement right at the beginning of this
paragraph. If some upper listed components are heavier than of 5g, we needn’t provide
material identification of them. Probably all of you realize material identification problem
of (plastic or metal) closures or lids on the glass bottles. Material identification of glass was/is
voluntary, but material identification of these components was obligatory, because they are
slightly heavier than 5g sometimes. Therefore fillers or importers unfortunately had to add
this good-for-nothing information into label in the past.
kolar@ekokom.cz
CSN 770053 – Instructions and Information on way of
disposal of used packaging
Legal provision to inform consumers about disposal way of used packs, in case they
aren’t contaminated by any dangerous substance (N-coded substances from Dangerous
Substances Directive 67/548/EEC) is non-listed requirement of any EU rule, but unfortunately
Czech Packaging Law 477/2001 claims its presentation on packs. It could be realized as trade
barrier for imported products. But on the other hand, if we read articles of the Law carefully,
we recognize that we shall provide such information to consumer “in extent given by
operating regulation“. This operating regulation is the Decree of the Ministry of Industry
and trade 115/2002 Col. particulars of packaging waste treatment that saying in Article 6:
“2. The way of disposal of used packaging shall be provided according Czech Standard
CSN 77 0053“.
From upper mentioned provisions is clear that we shall provide to consumers
information if the Standards required them and where Standards make them voluntary, it
depends whether we take an advantage of willingness or whether we add them on the
packaging over given possibility.
Now we follow wording of the Standard itself. There is necessary to emphasize that
definitions remains the same as in the previous version. Contrary to the previous version there
are overall spoken about “packaging component” instead “packaging” from reasonable
already mentioned purposes only. What principles of packaging marking do we keep?
1. “The instructions should be provided (presented) on the consumer packages“.
There is necessary to realize, indeed the Standard has spoken about consumer (sales)
packaging defined by the Law as a material that directly protects the product, but
unfortunately the Law refers this obligation on “packaging put into the market or into
circulation by sale to the consumer”. This wording can includes also group packs or
promotion packs, therefore is necessary to purchase customs of consumer.
2. “The instruction presentation on a package is understood emplacement of
instruction on any packaging component suitable for this purpose“. This provision
remains open and general and emplacement of information still depends on producer or filler
(for example on sticker, cap or on the bottom).
3. “The instructions should indicate a correct way of disposal of used package
and should also motivate consumer to protect the environment“.
4. “The instructions should be displayed (presented) on consumer packages for
them required way of a disposal has been defined or on the packages for them way of a
disposal has been somehow restricted (limited)“. Generally, these provisions farther clear
up requirements and present type of instruction that the consumer should obtain - instruction
how to the most environmental friendly way dispose used packaging. Mainly it concerns
packaging that is or could be contaminated by the dangerous substances (N-coded substances
from Dangerous Substances Directive 67/548/EEC).
kolar@ekokom.cz
5. “The instructions should be provided (presented) on the consumer reusable
packages with deposit on“. We shall markedly present on such a consumer pack (as a bottle,
crate etc.) following text: “ZÁLOHOVANÝ OBAL“. (Deposit on pack)
BEWARE!! Again the Standard has spoken about consumer (sales) packaging defined
by the Law as a material that directly protects the product, but unfortunately the Law refers
this obligation on “packaging put into the market or into circulation by sale to the
consumer”. Previous wording can includes also group packs as crates for beer, mineral water
or milk, therefore is necessary to purchase customs of consumer. Beyond there is necessary to
take into account also transitional provisions of the Packaging Law, especially Article 51/3
“Requirements for the marketing or circulation of packages manufactured before the
effective date of this Law shall be considered according to the regulations of that time“.
If you have into a circulation such packs that were demonstrable (by order, contract, invoice
or delivery note) produced or put into enjoyment (usage) before January 1, 2001; you can
remain on them former marking “VRATNÝ OBAL” (reusable or returnable packaging) or
leave it them without any marking. Mainly it concerns already mentioned creates.
6. “Presentation of the instruction on post-consumer used packaging
management is voluntary on the consumer packages those are post consumption
categorized as a communal waste without a hazardous component“. It is key general
exception. Its absence in previous Standard made a trouble to all producers. Presentment of
obligation to advise consumer that used chocolate pack or used beer can may be disposed into
bit (for sorted waste or common) wasn’t only absurd, but also expensive job in case of
importers.
What are the requirements of these instructions? General requirements are the same as
for material identification marking:
A. “The instruction for the consumers should be clear, unambiguous and
intelligible.”
B. “The durability of a marking on packages should respond to forecasted service
time of packages to their recovery or a disposal“. The consumer should clearly recognize
how to dispose this used pack; let us say what the consumer doesn’t do definitely with used
pack. Durability of marking should be definitely longer that durability of the product.
C. “The instructions are usually provided in a text, or could be connected with a
graphic symbol or only by graphic symbol only. Proper sense of a graphic symbol
should be unambiguous“. As an example the Standard shows symbol of so called
“Tidyman“ (figure that something through away into the waste bin) assign for packs that after
usage will be categorized as household waste without dangerous substances. Presentation of
this symbol (logo) is voluntary from view of current Standard.
D. „The instructions should be displayed (presented) on consumer
packages for them required way of a disposal has been defined or on the packages for
them way of a disposal has been somehow restricted by any legal regulation. For
example directives on chemicals, medicines-drugs, waste“. If the way of disposal of your
products; let us say their used packaging are restricted by listed directives, you should meet
their requirements definitely. The example could be draft provision of SÚKL (Czech State’s
Institute of Drug Control) that defining for radiopharmac či cytotoxic drugs following
instruction: “Nebezpečný odpad!“ (Dangerous waste!) or “Nespotřebované léčivo s obalem
odevzdejte v lékárně”. (Unconsumed drug with packaging hand over at pharmacy).
kolar@ekokom.cz
E. “The consumer reusable packages covered by deposit by point the 4.5 before
being handed over to consumer should be marked by capital lettering of any font text:
“ZÁLOHOVANÝ OBAL“. As it was already mentioned, it considered of all reusable
consumer packs with deposit on that has been handed over to consumer (according to Czech
Consumer’s Rights Protection Law: “Consumer is the natural entity that purchasing
products or make use service for its direct home consumption of natural entities,
especially its own and its household“) regardless if it is consumer (sales) or group
packaging. Definitely we could use transitional provision of Packaging Law regarding
packaging that were put on the market before the Law been in force.
F. “On the consumer packages according to the point 4.6 can be indicated
(presented) for emphasis of obligation, instruction that such a package should be
disposed in conformity with the regulation of a communal waste management and a
local system of separate collection, sorting and recovery of a waste. For example:
ODLOŽTE NA MÍSTO URČENÉ OBCÍ K UKLÁDÁNÍ ODPADU.
(Dispose on the site (place) set by the municipality for waste disposal.)
Such an instruction could be substitute by symbol (logo) of figure that something
through away into the waste bin“.
„This graphic symbol hasn’t to be used in the case of misleading with specific
instruction of way of a disposal with content of the package (product), for example
drugs-medicines, batteries, etc.“ It is relatively important matter reflecting fact that
packaging is the bearer of information about itself as well as about the product. Good example
are packaging of batteries and accumulators containing certain dangerous substance. Used
blister, box or foil is categorized as a household waste without dangerous components and
therefore we could be utterly right to present “Tidyman“. But on the other side, content of
package, batteries and accumulators containing certain dangerous substance do not belong to
common household waste definitely and they should be disposed absolutely different way as a
dangerous waste. Therefore we mostly find out on them sign of „crossed waste bin“.
If such a way of marking will be mandatory also for such a packaging, the consumer
should find out on them both absolutely contrary signs packages alongside. Therefore
abstention of such a marking is more environmentally friendly than we “instruct“ consumer to
dispose batteries and accumulators to household waste.
Second case is drug and medicines. With respect to decision of the Ministry of the
Environment that all unconsumed drugs and medicines are categorized as a „hazardous
waste“, therefore is necessary to avoid presentation of this symbol on the packaging.
According to Czech State’s Institute of Drugs Control should be on packaging presented
following sentence: „Nespotřebované léčivo s obalem odevzdejte v lékárně“ (Unconsumed
drug with packaging hand over at pharmacy).
kolar@ekokom.cz