European Union (Packaging) (Amendment) Regulations 2013 (S.I. No. 363 of 2013)

STATUTORY INSTRUMENTS. S.I. No. 363 of 2013 ———————— EUROPEAN UNION (PACKAGING) (AMENDMENT) REGULATIONS 2013 2 [363] S.I. No. 363 of 2013 EUROPEAN UNION (PACKAGING) (AMENDMENT) REGULATIONS 2013 INDEX 1. Citation. 2. Purpose of Regulations. 3. Commencement. 4. Interpretation generally. 5. Amendment to Principal Regulations. [363] 3 S.I. No. 363 of 2013 EUROPEAN UNION (PACKAGING) (AMENDMENT) REGULATIONS 2013 I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Commission Directive 2013/2/EU1 of 7 February 2013 on packaging and packaging waste, hereby make the following Regulations: Citation 1. These Regulations may be cited as the European Union (Packaging) (Amendment) Regulations 2013. Purpose of Regulations 2. The purpose for which these Regulations are made is to give effect to the provisions of Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC2 of the European Parliament and of the Council on packaging and packaging waste. Commencement 3. These Regulations shall come into operation on the day after the date on which notice of their making is published in the Iris Oifigiúil. Interpretation generally 4. (1) In these Regulations “Principal Regulations” means the Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007). Amendment to the Principal Regulations 5. The Principal Regulations are amended by substituting for the First Sched ule the following: “FIRST SCHEDULE ILLUSTRATIVE EXAMPLES OF THE APPLICATION OF CRITERIA TO CLARIFY THE DEFINTION OF PACKAGING IN ARTICLE 4(3) PART 1 Illustrative examples for criterion (i). 1O.J. No. L37, 8.2.2013, page 10 2O.J. No. L365, 31.12.1994, page 10 Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 27th September, 2013. 4 [363] 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) PART 2 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 [363] 5 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 PART 3 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” Given under my Official Seal 25 September 2013. PHIL HOGAN, Minister for the Environment, Community and Local Government. 6 [363] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Regulations amend the Waste Management (Packaging) Regulations 2007 and are intended to give effect to Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parlia ment and of the Council on packaging and packaging waste. Article 3(1) of Directive 94/62/EC of 20 December 1994 on packaging and packaging waste, defines “packaging” by setting out a number of criteria. The items listed in Annex I to that Directive are illustrative examples of the appli cation of those criteria. For reasons of legal certainty and harmonisation of the interpretation of the definition of “packaging”, it is necessary to review and amend the list of illustra tive examples to clarify additional cases where the borderline between what is packaging and what is not remains unclear. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. (Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843) or through any bookseller. —————— €2.54 Wt. (B30102). 285. 9/13. Clondalkin. Gr 30-15.