19.—(1) The Packaging (Essential Requirements) Regulations 2015(1) are amended as follows.
(2) In regulation 2(1)—
(a)in the definition of “the Directive”, at the end insert “, as last amended by Council Directive (EU) 2018/852”;
(b)in the definition of “the Waste Directive”, for “Council Regulation (EU) 2017/997” substitute “Directive (EU) 2018/851”.
(3) In Schedule 1—
(a)in paragraph 1—
(i)for sub-paragraph (2) substitute—
“(2) Packaging must be designed, produced and commercialised in such a way as to—
(a)permit its reuse or recovery (including recycling), in line with the waste hierarchy, and;
(b)minimise its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of.”;
(ii)after sub-paragraph (3) insert—
“(4) In sub-paragraph (2)(a), the reference to “the waste hierarchy” is to be interpreted in accordance with—
(a)in relation to England and Wales, regulation 12(1) and (2) of the Waste (England and Wales) Regulations 2011(2);
(b)in relation to Scotland, paragraphs 6(2) and (3) of Schedule 4 to the Waste Management Licensing (Scotland) Regulations 2011(3);
(c)in relation to Northern Ireland, regulation 17(1) and (2) of the Waste (Northern Ireland) Regulations 2011(4).”;
(b)after paragraph 3(4) insert—
“(5) Oxo-degradable plastic packaging is not to be considered as biodegradable.
(6) In sub-paragraph (5), “oxo-degradable plastic packaging” means plastic packaging made of plastic materials that include additives which catalyse the fragmentation of the plastic material into micro-fragments.”.
S.I. 2015/1640. In regulation 2(1), the definition of “Directive” is prospectively revoked from IP completion day by S.I. 2019/188 and the definition of “the Waste Directive” was amended by S.I. 2018/942 and is prospectively amended from IP completion day by S.I. 2019/188.
S.I. 2011/988, to which there are amendments not relevant to this regulation.
S.S.I 2011/228, to which there are amendments not relevant to this regulation.
S.I. 2011/127, to which there are amendments not relevant to these Regulations.