Article 1

For the purposes of this Decision, the following definitions shall apply:

[^F1Article 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) 2018/852 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, in paragraph 2, for “Article 3 of Directive 2008/98/EC ” 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, the “ Waste Framework Directive ” means Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851 , and read in accordance with paragraphs 5 and 6.

5. Article 5 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object is a by-product must be made—

(a)in accordance with any regulations setting out detailed criteria on the application of the conditions in paragraph 1 to specific substances or objects; and

(b)having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.”;

(c)paragraphs 2 and 3 were omitted.

6.Article 6 is to be read as if—

(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were omitted;

(b)after paragraph 1 there were inserted—

“1A.

Any decision as to whether a substance or object has ceased to be waste must be made—

(a)in accordance with any regulations or [^F2assimilated direct^F2] legislation setting out detailed criteria on the application of the conditions in paragraph 1 to specific types of waste; and

(b)having regard to any guidance published by the appropriate authority or the appropriate agency for the purposes of this Article.”;

(c)in paragraph 2—

(i)the first subparagraph were omitted;

(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any detailed criteria set out in guidance as referred to in paragraph 1A”;

(iii)the third and fourth subparagraphs were omitted;

(d)paragraph 3 were omitted;

(e)in paragraph 4—

(i)in the first subparagraph—

(aa) in the first sentence, for the words from the beginning to “Member State”, there were substituted “Where criteria have not been set out as referred to in paragraph 1A(a), the appropriate agency”;

(bb)the second sentence were omitted;

(ii)in the second subparagraph—

(aa) for “Member States” there were substituted “The appropriate agency”;

(bb) “by competent authorities” were omitted.

7.In this Article—

“appropriate agency” means—

(a)in relation to England, the Environment Agency;

(b)in regulation to Wales, the Natural Resources Body for Wales;

(c)in relation to Scotland, the Scottish Environment Protection Agency;

“appropriate authority” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers;

(c)in relation to Scotland, the Scottish Ministers.^F1]

Article 2

The sum of concentration levels of heavy metals in plastic crates and plastic pallets may exceed the applicable limit laid down in Article 11(1) of Directive 94/62/EC provided that those crates and pallets are introduced and kept in product loops which are in a closed and controlled chain under the conditions set out in Articles 3, 4 and 5.

Article 3

1.Plastic crates and plastic pallets containing an excessive amount of heavy metals, as referred to in Article 2, shall be manufactured or repaired in a controlled recycling process in accordance with paragraphs 2, 3 and 4 of this Article.

2.The material used for recycling shall originate only from other plastic crates or plastic pallets.

The introduction of other material shall be limited to the minimum technically necessary and, in any case, shall not exceed 20 % by weight.

3.The intentional introduction of heavy metals as an element during the recycling, as opposed to the incidental presence of heavy metals, shall not be allowed.

The use of recycled materials as feedstock for the repair of packaging materials, where some portion of the recycled materials can contain heavy metals, shall not be considered to be intentional introduction of heavy metals.

4.The sum of concentration levels of heavy metals in plastic crates and plastic pallets may exceed the applicable limit laid down in Article 11(1) of Directive 94/62/EC only as a result of the use of materials containing heavy metals in the recycling process.

Article 4

1.Plastic crates and plastic pallets containing an excessive amount of heavy metals, as referred to in Article 2, shall be identified in a permanent and visible way.

2.[^F3 The Secretary of State^F3] shall ensure that within the life cycle of the plastic crates and plastic pallets concerned, at least 90 % of the dispatched plastic crates and plastic pallets containing an excessive amount of heavy metals, as referred to in Article 2, are returned to the manufacturer, the packer or the filler or to an authorised representative.

3.^F4Without prejudice to the measures taken pursuant to Article 6, all plastic crates and plastic pallets returned pursuant to this Article that are no longer suitable or intended for reuse shall either be disposed of in accordance with a procedure specifically authorised by the competent authorities ... or be recycled in a controlled recycling process in accordance with paragraphs 2, 3 and 4 of Article 3.

Article 5

1.[^F5 The Secretary of State^F5] shall provide for a system of inventory and record keeping and a method of regulatory and financial accountability that enable compliance with the conditions laid down in this Decision to be documented.

The system shall account for all plastic crates and plastic pallets containing an excessive amount of heavy metals, as referred to in Article 2, which are put into, and removed from, service.

2.Unless otherwise specified in a voluntary agreement, [^F6the Secretary of State^F6] shall ensure that the manufacturer or his authorised representative draws up on an annual basis a written declaration of conformity and an annual report demonstrating how the conditions laid down in this Decision have been complied with. The report shall contain possible changes to the system and authorised representatives.

3.[^F7 The Secretary of State^F7] shall ensure that the manufacturer or his authorised representative keeps the relevant technical documentation at the disposal of the competent authorities for inspection purposes for at least four years.

^F9Where neither the manufacturer nor his authorised representative is established within [^F8Great Britain^F8] , the obligation to keep the relevant technical documentation available shall lie with the person who places the product on the ... market.

Article 6

[^F10 The Secretary of State^F10] shall take measures to encourage manufacturers to investigate methods to progressively achieve the applicable limit of heavy metals contained in plastic crates and plastic pallets laid down in Article 11(1) of Directive 94/62/EC, including the best available techniques on the extraction of heavy metals.

Article 7

[^F11 (1)^F11] [^F12 The Secretary of State must publish, in a manner which the Secretary of State considers appropriate,^F12] a detailed report on the functioning of the system provided for in this Decision and on the progress made in phasing out plastic crates and plastic pallets which are not in conformity with Article 11(1) of Directive 94/62/EC[^F13 in respect of Great Britain^F13] .

[^F14 (2)The first report under paragraph 1 must be published before the end of the period of 3 years beginning with IP completion day.

(3)Subsequent information must be published at intervals not exceeding 3 years.^F14]

^F15Article 8

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^F16Article 9

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