The Packaging (Essential Requirements) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Packaging (Essential Requirements) Regulations 2003 (S.I. 2003/1951) (“the 2003 Regulations”) which implemented Articles 9 and 11 of Directive 94/62/EC of the European Parliament and the Council on packaging and packaging waste (O.J. No L365, 31.12.94, p.10) which relate to the essential requirements to be satisfied by packaging.

Regulations 2(1) and (4) implement Article 1(1) and the Annex of Directive 2004/12/EC of the European Parliament and the Council amending Directive 94/62/EC (O.J. No. L47, 18.2.04, p. 26). They provide for an amendment to the definition of “packaging” to include additional criteria for determining whether an item is packaging and provide illustrative examples of the application of these criteria.

Regulations 2(2) and 3(3) correct errors in the 2003 Regulations where reference should have been made to Regulation 6 instead of Regulation 7.

As these Regulations implement certain provisions of Directive 2004/12/EC, a transposition note (TN) setting out how the Government will transpose into UK law those elements of that Directive has been prepared. Copies of the TN are available from SD3, Bay 430, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1 9SS. A copy has been placed in the libraries of both Houses of Parliament.