Regulation 16 Commission Decision 2009/292/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste

Commission Decision 2009/292/EC establishing the conditions for a derogation for plastic crates and plastic pallets in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste is amended as follows.

After Article 1 insert—

“Article 1A

1.

In this Decision, “Directive 94/62/EC” means European Parliament and Council Directive 94/62/EC on packaging and packaging waste, as last amended by Directive (EU) 2015/720 of the European Parliament and of the Council, and read in accordance with paragraphs 2 and 3.

2.

Article 3 is to be read as if—

(a)

in paragraph 1, the fourth subparagraph were omitted;

(b)

in paragraph 2, for “Directive 75/442/EEC” there were substituted “Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive”.

3.

Article 11(1) is to be read as if—

(a)

in the words before the first indent, for “Member States” there were substituted “The Secretary of State”;

(b)

in the first, second and third indents, for “the date referred to in Article 22(i)” there were substituted “30th June 1996”.

4.

In paragraph 2(b), the “Waste Framework Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Council Regulation (EU) 2017/997, and read in accordance with paragraphs 5 and 6.

5.

Article 5 is to be read as if paragraph 2 were omitted.

6.

Article 6 is to be read as if—

(a)

paragraphs 1 to 3 were omitted;

(b)

in paragraph 4—

(i)

in the first sentence, for the words from “Where criteria” to “Member States” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the appropriate agency”;

(ii)

the second sentence were omitted.

7.

In paragraph 6(b)(i), “appropriate agency” means—

(a)

in relation to England, the Environment Agency;

(b)

in relation to Wales, the Natural Resources Body for Wales;

(c)

in relation to Scotland, the Scottish Environment Protection Agency;

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

In Article 4—

In Article 5—

In Article 6, for “Member States” substitute “The Secretary of State”.

In Article 7—

Omit Articles 8 and 9.