# The Packaging (Essential Requirements) (Amendment) Regulations 2013 (revoked)

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U.K.

Statutory Instruments

# 2013 No. 2212

Environmental Protection

# The Packaging (Essential Requirements) (Amendment) Regulations 2013

Made

2nd September 2013

Laid before Parliament

5th September 2013

Coming into force

30th September 2013

The Secretary of State is a Minister designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to the management of packaging and packaging waste. The Secretary of State makes these Regulations in exercise                           of the powers conferred by section 2(2) of the European Communities Act 1972.                        

F1S.I. 1996/266.

F21972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), **section 27(1)(a)**, and by the European Union (Amendment) Act 2008 (c. 7), **Sch**edule Part 1.

## Citation and commencementU.K.

1.  These Regulations may be cited as the Packaging (Essential Requirements) (Amendment) Regulations 2013 and come into force                     on 30th September 2013.                  

## Amendments to the Packaging (Essential Requirements) Regulations 2003U.K.

2.—(1) The Packaging (Essential Requirements) Regulations 2003 F3 are amended as follows.                  

(2) In Regulation 2(2), for the definition of “packaging”, substitute —

““packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and                        presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable                        items used for the same purposes, but only where the products are—                  

sales packaging or primary packaging, that is to say packaging conceived so as to constitute a sales unit to the final user                                 or consumer at the point of purchase;                           

grouped packaging or secondary packaging, that is to say packaging conceived so as to constitute at the point of purchase                                 a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether                                 it serves only as a means to replenish the shelves at the point of sale, and which can be removed from the product without                                 affecting its characteristics; or                           

transport packaging or tertiary packaging, that is to say packaging conceived so as to facilitate handling and transport of                                 a number of sales units or grouped packagings in order to prevent physical handling and transport damage; for the purposes                                 of these Regulations transport packaging does not include road, rail, ship and air containers;                           

provided that–                  

items shall be considered to be packaging if they fulfil the above definition without prejudice to other functions which the                                    packaging might also perform, unless the item is an integral part of a product and it is necessary to contain, support or                                    preserve that product throughout its lifetime and all elements are intended to be used, consumed or disposed of together;                              

items designed and intended to be filled at the point of sale and disposable items sold, filled or designed and intended to                                    be filled at the point of sale shall be considered to be packaging provided they fulfil a packaging function;                              

packaging components and ancillary elements integrated into packaging shall be considered to be part of the packaging into                                    which they are integrated. Ancillary elements hung directly on, or attached to, a product and which perform a packaging function                                    shall be considered to be packaging unless they are an integral part of that product and all elements are intended to be consumed                                    or disposed of together.                              

Schedule V lists the illustrative examples of packaging stated in the Annex of Commission Directive 2013/2/EUF4 amending Annex 1 of the Directive;”.                  

(3) For Schedule V, substitute —

 Regulation 2(2)

### “SCHEDULE VU.K.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                  

#### 

Mailing pouches for catalogues and magazines (with a magazine inside)                  

#### 

Cake doilies sold with a cake                  

#### 

Rolls, tubes and cylinders around which flexible material (e.g. plastic film, aluminium, paper) is wound, except rolls, tubes                        and cylinders intended as parts of production machinery and not used to present a product as a sales unit                  

#### 

Flower pots intended to be used only for the selling and transporting of plants and not intended to stay with the plant throughout                        its life time                  

#### 

Glass bottles for injection solutions                  

#### 

CD spindles (sold with CDs, not intended to be used as storage)                  

#### 

Clothes hangers (sold with a clothing item)                  

#### 

Matchboxes                  

#### 

Sterile barrier systems (pouches, trays and materials necessary to preserve the sterility of the product)                  

#### 

Beverage system capsules (e.g. coffee, cacao, milk) which are left empty after use                  

#### 

Refillable steel cylinders used for various kinds of gas, excluding fire extinguishers                  

#### 

**Non-packaging**                  

#### 

Flower pots intended to stay with the plant throughout its life time                  

#### 

Tool boxes                  

#### 

Tea bags                  

#### 

Wax layers around cheese                  

#### 

Sausage skins                  

#### 

Clothes hangers (sold separately)                  

#### 

Beverage system coffee capsules, coffee foil pouches, and filter paper coffee pods disposed together with the used coffee                        product                  

#### 

Cartridges for printers                  

#### 

CD, DVD and video cases (sold together with a CD, DVD or video inside)                  

#### 

CD spindles (sold empty, intended to be used as storage)                  

#### 

Soluble bags for detergents                  

#### 

Grave side lights (containers for candles)                  

#### 

Mechanical quern (integrated in a refillable recipient, e.g. refillable pepper mill)                  

#### 

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                  

#### 

Plastic foil for cleaned clothes in laundries                  

#### 

**Non-packaging**                  

#### 

Stirrer                  

#### 

Disposable cutlery                  

#### 

Wrapping paper (sold separately)                  

#### 

Paper baking cases (sold empty)                  

#### 

Cake doilies sold without a cake                  

#### 

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                  

#### 

Mechanical quern (integrated in a non-refillable recipient, filled with a product, e.g. pepper mill filled with pepper)                  

#### 

**Non-packaging**                  

#### 

Radio frequency identification (RFID) tags.”.                  

F3S.I. 2003/1941. Regulation 2(2) and Schedule V have been amended by S.I. 2004/1188. There are other amendments which are not relevant to these Regulations.

F4OJ No L 37, 8.2.2013, p10

Michael Fallon

 Minister of State for Business and Enterprise

 Department for Business, Innovation and Skills

2nd September 2013

## 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”). The 2003 Regulations implement Articles 9 and 11 of Directive 94/62/EC of the European Parliament and the Council on packaging and packaging waste (OJ L 365, 31.12.1994, p.10) (the “1994 Directive”) which relate to the essential requirements to be satisfied by packaging.                     

These Regulations implement Article 1 and the Annex of Commission Directive 2013/2/EU (OJ L 37, 8.2.2013, p.10) (the “2013                        Directive”), which amends Annex I of the 1994 Directive.                     

These Regulations amend the definition of “packaging”, which contains a reference to Schedule V to the 2003 Regulations and                        substitute Schedule V. Schedule V set outs the revised list of illustrative examples of packaging stated in the Annex of the                        2013 Directive.                     

A full impact assessment has not been produced for these Regulations as no significant impact on the private, voluntary or                        public sectors is foreseen. As these Regulations transpose a Commission Directive, a transposition note setting out how the                        Government will transpose into UK law those elements of that Directive has been prepared. Copies of the transposition note have been placed in the libraries                        of both Houses of Parliament and are also annexed to the Explanatory Memorandum which is available alongside the instrument                        on the www.legislation.gov.uk website.