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is published in (and not withdrawn from) the Official Journal of the European Union;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