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4.—(1) A responsible person must not place any packaging on the EU market 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.
(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.
(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.
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