S.L. 549.43 Art. 6Derogation for plastic crates and plastic pallets.

(1) Without prejudice to regulation 5, plastic crates and plastic pallets shall, until the 8th February, 2009, be allowed to exceed the limits of 100 ppm by weight of the sum of the concentration levels of lead, cadmium, mercury and hexavalent chromium. This provision applies exclusively to plastic crates and plastic pallets used in product loops which are in a closed and controlled chain.

(2) Plastic crates and plastic pallets referred to in subregulation (1) shall have been:

(a) manufactured in a controlled recycling process, in which the recycled material originates only from other plastic crates or plastic pallets and in which the introduction of external material is just the minimum technically feasible, up to a maximum of 20% by weight. Returned entities that are no longer reusable shall be treated in accordance with paragraph (b): Provided that no lead, cadmium, mercury or hexavalent chromium shall be intentionally introduced as an element during the manufacture or distribution as opposed to the incidental presence of any of these elements: Provided further that the plastic crate or plastic pallet to which this derogation applies may only exceed the concentration limits as a result of the addition of recycled materials;

(b) introduced in a controlled distribution and reuse system complying with the following conditions:

(i) new plastic crates or pallets containing the regulated metals shall be identified in a permanent and visible way,

(ii) the producer establishes to the satisfaction of the competent authority a system of inventory and record keeping, including a method of regulatory and financial accountability, to document the compliance with this derogation including the return rates, that is the percentage of returnable entities which are not discarded after use but are returned to the manufacturer or packer and, or filler or an authorised representative. Such return rate shall be as high as possible and shall in no case be lower than 90% over the life cycle of the plastic crates or plastic pallets. The system shall account for all the reusable entities put into, and removed from service,

(iii) all returned entities that are no longer reusable shall be either disposed of by a procedure specifically authorised by the competent authority or be recycled in a recycling process, in which the recycled material is made up of plastic crates or plastic pallets in the circuit, and the introduction of external material is the minimum technically feasible, up to a maximum of 20% by weight,

(iv) the manufacturer or his authorised representative shall draw up and submit to the competent authority on an annual basis a written declaration of conformity, including an annual report demonstrating how the conditions of this derogation have been complied with. Possible changes to the system and to authorised representatives shall be contained therein,

(v) the manufacturer or his authorised representative shall make this documentation at the disposal of the competent authority for inspection purposes for at least four years: Provided that where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who puts the product on the market.