Explanatory note

These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871) (the “2007 Regulations”), which implement Article 6(1) of Council Directive 94/62/EC on packaging and packaging waste (OJ No L 365, 31.12.1994, p 10) as amended by Directive 2004/12/EC of the European Parliament and of the Council (OJ No L 47, 18.2.2004, p 26).

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ No L 24, 21.7.1998, p 37), as last amended by Council Directive 2006/96/EC (OJ No L 363, 20.12.2006, p 81).

Regulation 3 inserts a new regulation 42 in the 2007 Regulations. This requires the Secretary of State to review the operation and effect of the 2007 Regulations in England and Wales and publish a report by 1st July 2017 and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the 2007 Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the 2007 Regulations or to amend them.

Regulation 4 amends Schedule 2 to the 2007 Regulations. The amendments include new waste packaging recovery and recycling targets for the years 2013 to 2017. The amendments also include a new set of targets for waste glass packaging for recycling by re-melt for the years 2013 to 2017.

An impact assessment which shows the anticipated cost of compliance to businesses and the public sector and the environmental benefits in respect of these Regulations may be obtained from the Producer Responsibility Unit, Area 6D, Ergon House, Horseferry Road, London SW1P 2AL and is available alongside the Explanatory Memorandum and the instrument at www.legislation.gov.uk.