d1e409-1-1__para

Whether an item qualifies as packaging must be assessed based on the definition of packaging set out in Article 3(1), point (1). Annex I is indicative only and, in line with the case-law of the Court of Justice of the European Union (3) under Directive 94/62/EC on Packaging and Packaging Waste, applied by analogy, the inclusion of an item in Annex I alone is not sufficient for it to be classified as packaging. It is also necessary to verify whether the item meets the elements of the packaging definition, in particular whether it is intended to be used by an economic operator to contain, protect, handle, deliver or present a product, without being an integral part of that product, and whether it is intended to be used, consumed or disposed of together with the product, or constitutes an integrated component or an ancillary element performing a packaging function.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07 · Text as adopted (Official Journal); later amendments are not incorporated in this text.