The Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019

The Packaging (Essential Requirements) Regulations 2015

20.—(1) The Packaging (Essential Requirements) Regulations 2015(1) are amended as follows.

(2) In regulation 2—

(a) in paragraph (1)—

(i) omit the definitions of “the Directive” and “the Commission”;

(ii) in the definition of “essential requirements”, omit “in Annex II of the Directive and which are”;

(iii) in the definition of “packaging waste”, after “Directive” insert “, as read with Articles 5 and 6 of that Directive,”;

(iv) in the definition of “responsible person”, for “European Union” substitute “United Kingdom”;

(v) in the definition of “the Waste Directive, at the end insert “, and as read in accordance with regulation 2A”;

(b) omit paragraph (2).

(3) After regulation 2 insert—

“Modification of the Waste Directive

2A.— (1) For the purposes of these Regulations, the Waste Directive is to be read in accordance with this regulation.

(2) Article 5 is to be read as if paragraph 2 were omitted.

(3) Article 6 is to be read as if—

(a) paragraphs 1 to 3 were omitted;

(b) in paragraph 4—

(i) in the first sentence, for the words from “Where criteria” to “, member States” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulations (EU) No 715/2013 applies, the appropriate agency”;

(ii) the second sentence were omitted.

(4) In paragraph (3)(b)(i), “appropriate agency” means—

(a) in relation to England, the Environment Agency,

(b) in relation to Wales, the Natural Resources Body for Wales,

(c) in relation to Scotland, the Scottish Environment Protection Agency,

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(4) In regulation 3(4), omit the words from “referred to in” to the end.

(5) In regulation 4—

(a) in paragraph (1), omit “EU”;

(b) for paragraphs (3) and (4), substitute—

“(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.

(4) In paragraph (3)—

“harmonised standard” means a harmonising standard produced by the Comité Européen de Normalisation (CEN)(2), 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is published in (and not withdrawn from) the Official Journal of the European Union;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.”.

(6) In regulation 5(1), omit “EU”.

(7) Omit regulation 12(2).

(8) In Schedule 1—

(a) in the heading, omit “(Annex II to the Directive)”;

(b) in paragraph 3(1), for “the European Union” substitute “retained EU law”.

(9) In Schedule 2, in paragraph 2—

(a) for “European Union” in both places it occurs substitute “United Kingdom”;

(b) in sub-paragraph (2), in the words after paragraph (b), for “EU” substitute “United Kingdom”.

(10) In Schedule 3, in paragraph 2(1), for “EU” substitute “United Kingdom”.

(1)

S.I. 2015/1640, amended by S.I. 2018/942.

(2)

www.cenorm.be.