The Packaging (Essential Requirements) Regulations 2015

General duty relating to the placing on the market of packaging U.K.

4.—F1 (1) A responsible person must not place any packaging on the [F2 Northern Ireland or] [F1 market of Great Britain] unless it complies with the essential requirements.

(2) Reused packaging is not considered to be placed on the market for the purposes of this regulation.

[F3 (3) Packaging complies with the essential requirements—

(a) if it satisfies national standards which implement the relevant harmonised standards; or

(b) where there are no relevant harmonised standards, if it satisfies national standards which have been communicated to the Commission pursuant to Article 9(3) of the Directive and which are notified by the Commission to the member States as being deemed to comply with the essential requirements.]

[F3 (3) Packaging complies with the essential requirements if it—

(a) satisfies a harmonised standard; or

(b) where there are no harmonised standards, satisfies a recognised quality standard.]

[F4 (4) In paragraph (3), “harmonised standard” means the standard the reference number of which is published in the Official Journal of the European Union in accordance with Article 9(2)(a) of the Directive.]

[F4 (4) In paragraph (3)—

“harmonised standard” means a harmonising standard produced by the Comité Européen de Normalisation (CEN), which—

(a)

relates to packaging and packaging waste; and

(b)

is published in (and not withdrawn from) the Official Journal of the European Union;

“recognised quality standard” means a standard produced by a member State—

(a)

that relates to packaging and packaging waste; and

(b)

the reference number to which is published in (and not withdrawn from) the Official Journal of the European Union.]

Textual Amendments

F1 Words in reg. 4(1) substituted (31.12.2020) by S.I. 2019/188, reg. 20(5)(a) (as substituted by The Waste and Environmental Permitting etc. (Legislative Functions and Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1540), regs. 1(3), 11(13)(b))

F2 Words in reg. 4(1) inserted (N.I.) (31.12.2020) by The Hazardous Substances and Packaging (Legislative Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647), regs. 1(3), 15(4)

F3 Reg. 4(3) substituted (E.W.S.) (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 20(5)(b) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Reg. 4(4) substituted (E.W.S.) (31.12.2020) by The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/188), regs. 1(2)(b), 20(5)(b) (as amended by S.I. 2020/1540, regs. 1(2), 11(2)); 2020 c. 1, Sch. 5 para. 1(1)