The Producer Responsibility Obligations (Packaging Waste) Regulations 2005
Draft 2005, ISBN 0110736745
Draft Regulations laid before Parliament under section 93(10) of the Environment Act 1995, for approval by resolution of each House of Parliament.
environmental protection
Made 2005
Coming into force in accordance with regulation 1(1)
These Regulations are made for the implementation of Article 6(1) of Council Directive 94/62/EC on packaging and packaging waste.
The Secretary of State for Environment, Food and Rural Affairs was designatedf5 for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste.
A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 93(10) of the Environment Act 1995.
Accordingly, after consultation in accordance with section 93(2) of the Environment Act 1995, and after having regard to the matters specified in section 93(6) of that Act as required by section 93(5) of that Act, the Secretary of State for Environment, Food and Rural Affairs makes the following Regulations:
Annotations to the whole text
Footnotes
- f1
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Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by her as regards Scotland.
- f2
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Under paragraph 5 of Schedule 3 of the Government of Wales Act (c. 38), despite the transfer of the relevant functions of the Secretary of State so far as they are exercisable in relation to Wales to the National Assembly Wales by virtue of Article 2 and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672), the function of the Secretary of State in relation to implementing obligations under Community law continues to be exercisable by her as regards Wales.
- f3
- f4
- f5
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The Secretary of State was designated under the European Communities (Designation) Order 1996 under Article 2 and the Schedule (S.I. 1996/266).
Contents
- Part I: GENERAL
- 1Citation, commencement and extent
- 2Interpretation and notices
- 3Exclusion of charities from producer responsibility obligations
- Part II: PRODUCERS AND OBLIGATIONS
- 4Producers and producer responsibility obligations
- 5Producers and Scheme membership
- Part III: REGISTRATION: PRODUCERS AND SCHEMES
- 6Producer registration obligation
- 7Application for producer registration
- 8Conditions of registration of a producer
- 9Forms and fees for producer registration
- 10Refusal to register producers
- 11Cancellation of registration of producers
- 12Schemes: general provisions
- 13Application for approval of a scheme
- 14Application for registration of a scheme
- 15Conditions of registration of a scheme
- 16Forms and fees for registration of a scheme
- 17Refusal to register a scheme
- 18Cancellation of registration of a scheme
- 19Information provided to scheme operators
- Part IV: RECORDS, RETURNS AND CERTIFICATE
- 20Producers—records and returns
- 21Producers—certifying obligation
- 22Schemes—records and returns
- Part V: ACCREDITATION OF REPROCESSORS AND EXPORTERS
- 23Requirement for accreditation
- 24Application for accreditation
- 25Conditions of accreditation
- 26Suspension and cancellation of accreditation
- Part VI: APPEALS
- 27Right of appeal
- 28Procedure on appeals
- 29Determination of appeals
- 30Status pending appeal
- Part VII: AGENCIES’ POWERS & DUTIES
- 31Monitoring
- 32Monitoring—publication
- 33Public register
- 34Approval of persons to issue certificates of compliance
- 35Entry and inspection
- 36Provision of information to the appropriate authority
- Part VIII: GROUPS OF COMPANIES, PUB OPERATING BUSINESSES AND LICENSORS AND MID-YEAR CHANGES
- 37Packaging handled by groups of companies
- 38Packaging handled by licensors and pub operating businesses
- 39Mid-year changes
- Part IX: OFFENCES
- 40Offences and penalties
- Part X: REVOCATION AND TRANSITIONAL PROVISION
- 41Revocation and transitional provision
- Signature
- Schedule 1PRODUCERS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 2: RECOVERY AND RECYCLING OBLIGATIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 3: INFORMATION
- Part I: INFORMATION TO BE CONTAINED IN APPLICATION FOR PRODUCER REGISTRATION
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part II: INFORMATION TO BE INCLUDED IN AN APPLICATION FOR REGISTRATION OF A SCHEME
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Part III: STATEMENT OF THE SCHEME’S POLICIES AND THE OPERATIONAL PLANS OF SCHEMES AND PRODUCERS
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 4INFORMATION IN CERTIFICATE OF COMPLIANCE
- Schedule 5: CONDITIONS OF ACCREDITATION
- 1Paragraph 1
- 2Paragraph 2
- Schedule 6: PROCEDURE ON APPEALS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 7: PUBLIC REGISTER
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 8: GROUPS OF COMPANIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 9: LICENSORS AND PUB OPERATING BUSINESSES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Schedule 10: MID-YEAR CHANGES
- Part 1: SCHEME MEMBERSHIP
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part II: GROUP MEMBERSHIP
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part III: INCAPACITY
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Schedule 11REVOCATIONS
- Explanatory note