PART 3Amendments to secondary legislation

The Packaging (Essential Requirements) Regulations 201520

1

The Packaging (Essential Requirements) Regulations 201581 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 Directive2A

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)82, which—

    1. a

      relates to packaging and packaging waste; and

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      is published in (and not withdrawn from) the Official Journal of the European Union;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

    1. a

      that relates to packaging and packaging waste; and

    2. 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”.