3.  No proceedings shall be brought and no enforcement action taken in respect of a breach of regulation 6(1) of the Packaging (Essential Requirements) Regulations 2003 in respect of plastic crates or plastic pallets where—

(a)the breach occurred between 4th March 2009 and the date these Regulations came into force; and

(b)the requirements set out in regulation 6(3)(a) of and Schedule II to those Regulations were complied with in relation to that packaging.