The Environment (Miscellaneous Amendments) Regulations (Northern Ireland) 2018

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

17.  In regulation (2)(2) (Interpretation and notices)—

(a) for the definition of “disposal” substitute ““disposal” means any of the operations listed in Schedule 1A;”;

(b) for the definition of “energy recovery” substitute—

““energy recovery” means the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste but with the recovery of heat;”

(c) for the definition of “organic recycling” substitute—

““organic recycling” means the aerobic (composting) or anaerobic (biomethanisation) treatment under controlled conditions and using microorganisms, of the biodegradable parts of packaging waste which produces organic residues or methane. Landfill shall not be considered a form of organic recycling;”

(d) for the definition of “packaging” substitute—

““packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods from raw materials to processed goods from the producer to the user or consumer; non-returnable items for the same purpose shall also be considered to constitute packaging if it consists only of—

(i)

sales packaging or primary packaging;

(ii)

grouped packaging or secondary packaging;

(iii)

transport packaging or tertiary packaging;

The definition shall be further based on the following criteria—

(aa)

the products fill the functions mentioned above 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;

(bb)

the products are designed and intended to be refilled at the point of sale and disposable items sold, filled or designed or intended to be filled at the point of sale, if they fulfil a packaging function;

(cc)

the products are packaging components or ancillary elements integrated into packaging;”;

(e) for the definition of “packaging waste” substitute—

““packaging waste” means any packaging or packaging material being any substance or object falling within the categories mentioned in Schedule 1B which the holder discards or intends or is required to discard;”;

(f) for the definition of “ recycling” substitute—

““recycling” means the reprocessing in a production process of waste materials for the original purpose or for other purposes including organic recycling but excluding energy recovery and “recycle” shall be construed accordingly;”;

(g) for the definition of “re-use” substitute—

““re-use” means any operation by which packaging, which has been conceived or designed to accomplish within its life cycle a minimum number of trips or rotations, is refilled or used for the same purpose for which it was conceived, with or without the support of auxiliary products present on the market enabling the packaging to be refilled, such re-used packaging will become packaging no longer subject to re-use;”;

(h) for the definition of “transit packaging” substitute—

““transit packaging” means grouped packaging or secondary packaging or transport packaging or tertiary packaging;”.

(i) In alphabetical order insert—

““sales packaging or primary packaging” means packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;”;

““grouped packaging or secondary packaging” means packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale if it can be removed from the product without affecting its characteristics;”;

““transport packaging or tertiary packaging” means packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packaging in order to prevent physical handling or transport damage. Transport packaging shall not include road, rail, ship and air containers;”.