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Regulation 19 Transitional provision: deemed determination of exemption conditions, requirement to publish deemed exemption conditions and revocation of deemed exemption conditions

Original text. Later amendments are not shown.

(1)

On 6th January 2027—

(a)

for the purposes of paragraph 19 of Schedule 2 to the EPR 2016 (as inserted by regulation 11 of these Regulations), the Agency is deemed to have determined exemption conditions that meet the description in paragraph (2) (the “deemed exemption conditions”),

(b)

the Agency must publish the deemed exemption conditions on its website, and

(c)

the deemed exemption conditions take effect, subject to sub-paragraph (2) and regulations 20 and 21.

(2)

For the purposes of paragraph (1)(a), the deemed exemption conditions are conditions that reproduce the effect of paragraph 17 of Schedule 2 to the EPR 2016 and the relevant provisions of Schedule 3 to the EPR 2016, in each case—

(a)

so far as they apply in relation to England immediately before 6th January 2027, and

(b)

subject to the modifications specified in Part 1 of the Schedule to these Regulations.

(3)

On 6th April 2027, the deemed exemption conditions described in Part 2 of the Schedule to these Regulations are revoked.

(4)

In relation to the deemed exemption conditions, for the purposes of paragraph 19 of Schedule 2—

(a)

the requirements in sub-paragraphs (2) and (3) are deemed to have been met, and

(b)

the requirements in sub-paragraphs (6) and (7) do not apply.

(5)

In this regulation—

  • “relevant provisions of Schedule 3” means the provisions of Parts 1, 2, 3 and 5 of Schedule 3, other than—

    1. (a)

      paragraph 3 of Section 2 of Chapter 3 of Part 1 (treatment of waste materials and metal alloys by heating for the purposes of removing grease etc. (T3)), and

    2. (b)

      paragraph 7 of Section 2 of Chapter 3 of Part 1 (treatment of waste bricks, tiles and concrete by crushing, grinding or reducing in size (T7)).