{
  "url": "https://openlegislation.uk/draft-waste-miscellaneous-amendments-eu-exit-regulations-2019/regulation-16",
  "json_url": "https://openlegislation.uk/draft-waste-miscellaneous-amendments-eu-exit-regulations-2019/regulation-16.json",
  "legislation": "ukdsi/2019/9780111181614",
  "legislation_title": "The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-waste-miscellaneous-amendments-eu-exit-regulations-2019",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "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",
  "text": "(1) 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.\n(2) After Article 1 insert—\n“Article 1A\n1. 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.\n2. Article 3 is to be read as if—\n(a) in paragraph 1, the fourth subparagraph were omitted;\n(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”.\n3. Article 11(1) is to be read as if—\n(a) in the words before the first indent, for “Member States” there were substituted “The Secretary of State”;\n(b) in the first, second and third indents, for “the date referred to in Article 22(i)” there were substituted “30th June 1996”.\n4. 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.\n5. Article 5 is to be read as if paragraph 2 were omitted.\n6. Article 6 is to be read as if—\n(a) paragraphs 1 to 3 were omitted;\n(b) in paragraph 4—\n(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”;\n(ii) the second sentence were omitted.\n7. In paragraph 6(b)(i), “appropriate agency” means—\n(a) in relation to England, the Environment Agency;\n(b) in relation to Wales, the Natural Resources Body for Wales;\n(c) in relation to Scotland, the Scottish Environment Protection Agency;\n(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.\n(3) In Article 4—\n(a) in paragraph 2, for “Member States” substitute “The Secretary of State”;\n(b) in paragraph 3, omit “of the Member State concerned”.\n(4) In Article 5—\n(a) in paragraph 1, in the first subparagraph, for “Member States” substitute “The Secretary of State”;\n(b) in paragraph 2, in the first sentence, for “Member States” substitute “the Secretary of State”;\n(c) in paragraph 3—\n(i) in the first subparagraph, for “Member States” substitute “The Secretary of State”;\n(ii) in the second subparagraph—\n(aa) for “Community” in the first place it occurs substitute “United Kingdom”;\n(bb) omit “Community” in the second place it occurs.\n(5) In Article 6, for “Member States” substitute “The Secretary of State”.\n(6) In Article 7—\n(a) the existing text becomes paragraph 1;\n(b) in that paragraph—\n(i) for the words from “Member States” to “Article 17 of Directive 94/62/EC” substitute “The Secretary of State must publish, in a manner which the Secretary of State considers appropriate,”;\n(ii) at the end, insert “in respect of the United Kingdom”;\n(c) after that paragraph insert—\n“2. The first report under paragraph 1 must be published before the end of the period of 3 years beginning with exit day.\n3. Subsequent information must be published at intervals not exceeding 3 years.”.\n(7) Omit Articles 8 and 9.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111181614/regulation/16",
    "retrieved_at": "2026-10-30T15:00:22.350035+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}