The Packaging (Essential Requirements) Regulations 2015

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—

• (a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

• (b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object is a by-product must be made— (a) in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and (b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

• (c) paragraphs 2 and 3 were omitted.

• (3) Article 6 is to be read as if—

• (a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

• (b) after paragraph 1 there were inserted—

(1A) Any decision as to whether a substance or object has ceased to be waste must be made— (a) in accordance with any regulations or assimilated direct legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and (b) having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.

• (c) in paragraph 2—

• (i) the first subparagraph were omitted;

• (ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

• (iii) the third and fourth subparagraphs were omitted;

• (d) paragraph 3 were omitted;

• (e) in paragraph 4—

• (i) in the first subparagraph—

• (aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

• (bb) the second sentence were omitted;

• (ii) in the second subparagraph—

• (aa) for “Member States” there were substituted “The appropriate agency”;

• (bb) “by competent authorities” were omitted.

• (4) In this regulation—

• “appropriate agency” means—in relation to England, the Environment Agency;in relation to Wales, the Natural Resources Body for Wales;in relation to Scotland, the Scottish Environment Protection Agency;

• “appropriate authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers.

Qualifying Northern Ireland Goods

6A

• (1) Where paragraph (2) applies, packaging is to be treated as being in conformity with these Regulations.

• (2) This paragraph applies where—

• (a) the packaging—

• (i) is in conformity with these Regulations as they apply in Northern Ireland; and

• (ii) is a qualifying Northern Ireland good.

• (3) For the purposes of this regulation—

• (a) “in conformity with these Regulations” means, in relation to packaging, that—

• (i) the packaging is not prohibited by regulation 4 or 5 from being placed on the market; and

• (ii) the responsible person has complied, or is complying, with any obligations under this Part in respect of the packaging;

• (b) “qualifying Northern Ireland goods” has the meaning given to it from time to time in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018.