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2004 No. 1188
ENVIRONMENTAL PROTECTION
The Packaging (Essential Requirements) (Amendment) Regulations 2004
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Made |
21st April 2004 | |
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Laid before Parliament |
26th April 2004 | |
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Coming into force |
24th May 2004 | |
The Secretary of State, being a Minister designated [1] for the purposes of section 2(2) of the European Communities Act 1972 [2] relating to the management of packaging and packaging waste, in exercise of the powers conferred upon her by that section, hereby makes the following Regulations:
Citation and commencement
1.
These Regulations may be cited as the Packaging (Essential Requirements) (Amendment) Regulations 2004 and shall come into force on 24th May 2004.
Amendments to the Packaging (Essential Requirements) Regulations 2003
2.
- (1) In regulation 2(2), for the definition of "packaging" there shall be substituted the following definition:
(2) In Schedule II, sub-paragraph 1(c), for "regulation 7" there shall be substituted "regulation 6.".
(3) In Schedule III, sub-paragraph 1(b), for "regulation 7" there shall be substituted "regulation 6".
(4) After Schedule IV there shall be inserted Schedule V as follows:
"
SCHEDULE V(Regulation 2(1) and (4))
ILLUSTRATIVE EXAMPLES OF PACKAGING REFERRED TO IN THE PROVISO TO THE DEFINITION OF PACKAGING IN REGULATION 2(2)
Illustrative examples for criterion (i)
Packaging
Sweet boxes
Film overwrap around a CD case
Non-packaging
Flower pots intended to stay with the plant throughout its life
Tool boxes
Tea bags
Wax layers around cheese
Sausage skins
Illustrative examples for criterion (ii)
Packaging, if designed and intended to be filled at the point of sale
Paper or plastic carrier bags
Disposable plates and cups
Cling film
Sandwich bags
Aluminium foil
Non-packaging
Stirrer
Disposable cutlery
Illustrative examples for criterion (iii)
Packaging
Labels hung directly on or attached to a product
Part of packaging
Mascara brush which forms part of the container closure
Sticky labels attached to another packaging item
Staples
Plastic sleeves
Device for measuring dosage which forms part of the container closure for detergents.".
Stephen Timms,
Minister of State for Energy, E-commerce and Postal Services, Department of Trade and Industry
21st April 2004
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Packaging (Essential Requirements) Regulations 2003 (S.I. 2003/1941) ("the 2003 Regulations") which implemented Articles 9 and 11 of Directive 94/62/EC of the European Parliament and the Council on packaging and packaging waste (O.J. No L365, 31.12.94, p.10) which relate to the essential requirements to be satisfied by packaging.
Regulations 2(1) and (4) implement Article 1(1) and the Annex of Directive 2004/12/EC of the European Parliament and the Council amending Directive 94/62/EC (O.J. No. L47, 18.2.04, p. 26). They provide for an amendment to the definition of "packaging" to include additional criteria for determining whether an item is packaging and provide illustrative examples of the application of these criteria.
Regulations 2(2) and 3(3) correct errors in the 2003 Regulations where reference should have been made to Regulation 6 instead of Regulation 7.
As these Regulations implement certain provisions of Directive 2004/12/EC, a transposition note (TN) setting out how the Government will transpose into UK law those elements of that Directive has been prepared. Copies of the TN are available from SD3, Bay 430, Department of Trade and Industry, 151 Buckingham Palace Road, London SW1 9SS. A copy has been placed in the libraries of both Houses of Parliament.
Notes:
[1]
S.I. 1996/266back
[2]
1972 c. 68.back
[3]
OJ No L47, 18.2.04, p.26back
ISBN
0 11 049219 6
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© Crown copyright 2004 |
Prepared
29 April 2004
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