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New Changes to Packaging Regulations [UK]
Replacement of the 2003 regulations
The new Packaging (Essential Requirements) Regulations 2015 (“the Regulations”) come into force on 1st October 2015.
The Regulations replace and revoke the existing Packaging (Essential Requirements) Regulations 2003 (“2003 Regulations”) and list all essential requirements for packaging.
The Regulations consolidate amendments made to the 2003 Regulations by S.I. 2004/1188, S.I. 2006/1492, S.I. 2009/1504 among others; implement changes made to Directive 94/62/EC; include the last amendment to Directive 94/62/EC implemented by Directive (EU) 2015/720 and add provisions on reducing the consumption of lightweight carrier bags. The Regulations also offer clear definitions of “plastic” and “plastic carrier bags.”
2015 Regulations: Highlights
- Part 2 of the Regulations refers to the application of the Regulations.
- Part 3 of the Regulations covers the general requirements.
- Part 4 of the Regulations covers enforcement.
- Part 5 of the Regulations covers miscellaneous provisions such as revocations.
Regulations: Key Provisions
- The Regulations apply to all packaging that satisfy the definition at regulation 3(2).
- The ‘responsible person‘ who is defined by regulation 2(2) has a duty (at regulation 4) where they place packaging on the market to ensure that it satisfies the essential requirements. The essential requirements are set out in Schedule 1 of the Regulations.
- The ‘responsible person’ who places the product on the market has a duty to ensure that the sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium of that packaging or its packaging components does not exceed 100ppm. There are exceptions in the provisions of regulation 5 which relate to specific packaging forms and materials.
- The responsible person is required to keep technical documentation on the compliance with essential requirements and heavy metals concentration limits. (Regulation 6(1)).
- The manufacturer or their authorised representative must comply with the provisions that relate to information to be submitted in certain circumstances in Schedules 2 and 3. (Regulation 6(2)).
- The enforcement authorities for the Regulations are the weights and measures authority in Great Britain and the Department for Enterprise, Trade and Investment in Northern Ireland whose powers are set out in Schedule 4 of the Regulations and Schedule 5 of the Consumer Rights Act 2015.
- Regulations 8, 9, 10 and 11 relate to offences, penalties, defences and liability of others.
An impact assessment on the effect of the Regulations has not been produced as there were no expected changes to costs or savings by consolidating the previous regulations.
For more detailed information please refer directly to the legislation.
Red-on-line EHS Legalist
Sources:
Packaging (Essential Requirements) Regulations 2003
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