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Monday, February 10, 2025Regulation

Packaging and packaging waste: the application of Regulation (EU) 2025/40 in Northern Ireland

Emballages et déchets d'emballages : l'application du Règlement (UE) 2025/40 en Irlande du Nord

Regulation (EU) 2025/40 on packaging and packaging waste was published in the Official Journal of the European Union on 22 January 2025. The European Commission has just released a Notice setting out the details of its application in Northern Ireland.

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Following Brexit, European Union law no longer applies in the United Kingdom, with the exception of Northern Ireland, as provided for in the protocol now known as the “Windsor Framework”.
Regulation (EU) 2025/40 on packaging and packaging waste must therefore apply there, replacing Directive 94/62/EC.

However, several of these provisions fall outside the scope of the Windsor Framework, particularly where they directly involve Member States, and will therefore not apply to the United Kingdom as far as Northern Ireland is concerned.
They are listed in this Commission Notice:
Article 23 on information obligations of packaging waste management operators to the competent authorities
Articles 29 to 33 relating to re-use targets of transport packaging used within the territory of the Union, as well as refill and re-use offer obligation for packaging made available on the territory of a Member State for the takeaway sector
Articles 34 and 56 which provide that Member States take measures to achieve a sustained reduction in the consumption of lightweight plastic carrier bags (unless the United Kingdom takes des equivalent measures)
Articles 41 to 55 whose provisions concern the Member States : reports on the progress made, waste management plans and waste …

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