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The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2007, ISBN 9780110757810

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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 2007

Coming into force in accordance with regulation 1(1)

These Regulations are made by the Secretary of State for Environment, Food and Rural Affairs as respects England, Scotlandf1 and Walesf2 in exercise of the powers conferred upon him by section 2(2) of the European Communities Act 1972f3 and sections 93 - 95 of the Environment Act 1995f4.

These Regulations implement Article 6(1) of Council Directive 94/62/EC on packaging and packaging waste.

The Secretary of State for Environment, Food and Rural Affairs is 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

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 him as regards Scotland.

f2

Under paragraph 5 of Schedule 3 of the Government of Wales Act 1998 (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 for 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 him as regards Wales.

f3

1972 c. 68.

f4

1995 c. 25.

f5

S.I. 1996/266.

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation and notices
  4. 3Exclusion of charities from producer responsibility obligations
  5. Part II: PRODUCERS AND OBLIGATIONS
  6. 4Producers and producer responsibility obligations
  7. 5Producers and Scheme membership
  8. Part III: REGISTRATION: PRODUCERS AND SCHEMES
  9. 6Producer registration obligation
  10. 7Application for producer registration
  11. 8Conditions of registration of a producer
  12. 9Forms and fees for producer registration
  13. 10Refusal to register producers
  14. 11Cancellation of registration of producers
  15. 12Schemes: general provisions
  16. 13Application for approval of a scheme
  17. 14Application for registration of a scheme
  18. 15Conditions of registration of a scheme
  19. 16Forms and fees for registration of a scheme
  20. 17Refusal to register a scheme
  21. 18Cancellation of registration of a scheme
  22. 19Information provided to scheme operators
  23. Part IV: RECORDS, RETURNS AND CERTIFICATE
  24. 20Producers—records and returns
  25. 21Producers—certifying obligation
  26. 22Schemes—records and returns
  27. Part V: ACCREDITATION OF REPROCESSORS AND EXPORTERS
  28. 23Requirement for accreditation
  29. 24Application for accreditation
  30. 25Conditions of accreditation
  31. 26Suspension and cancellation of accreditation
  32. Part VI: APPEALS
  33. 27Right of appeal
  34. 28Procedure on appeals
  35. 29Determination of appeals
  36. 30Status pending appeal
  37. Part VII: AGENCIES’ POWERS & DUTIES
  38. 31Monitoring
  39. 32Monitoring—publication
  40. 33Public register
  41. 34Approval of persons to issue certificates of compliance
  42. 35Entry and inspection
  43. 36Collation and provision of information
  44. Part VIII: GROUPS OF COMPANIES, PUB OPERATING BUSINESSES AND LICENSORS AND MID-YEAR CHANGES
  45. 37Packaging handled by groups of companies
  46. 38Packaging handled by licensors and pub operating businesses
  47. 39Mid-year changes
  48. Part IX: OFFENCES
  49. 40Offences and penalties
  50. Part X: REVOCATION AND TRANSITIONAL PROVISION
  51. 41Revocation and transitional provision
  52. Signature
  53. Schedule 1PRODUCERS
  54. 1Paragraph 1
  55. 2Paragraph 2
  56. 3Paragraph 3
  57. 4Paragraph 4
  58. Schedule 2: RECOVERY AND RECYCLING OBLIGATIONS
  59. 1Paragraph 1
  60. 2Paragraph 2
  61. 3Paragraph 3
  62. 4Paragraph 4
  63. 5Paragraph 5
  64. 6Paragraph 6
  65. 7Paragraph 7
  66. 8Paragraph 8
  67. 9Paragraph 9
  68. 10Paragraph 10
  69. Schedule 3: INFORMATION
  70. Part I: INFORMATION TO BE CONTAINED IN APPLICATION FOR PRODUCER REGISTRATION
  71. 1Paragraph 1
  72. 2Paragraph 2
  73. 3Paragraph 3
  74. 4Paragraph 4
  75. Part II: INFORMATION TO BE INCLUDED IN AN APPLICATION FOR REGISTRATION OF A SCHEME
  76. 5Paragraph 5
  77. 6Paragraph 6
  78. 7Paragraph 7
  79. 8Paragraph 8
  80. 9Paragraph 9
  81. 10Paragraph 10
  82. Part III: STATEMENT OF THE SCHEME’S POLICIES AND THE OPERATIONAL PLANS OF SCHEMES AND PRODUCERS
  83. 11Paragraph 11
  84. 12Paragraph 12
  85. 13Paragraph 13
  86. Schedule 4INFORMATION IN CERTIFICATE OF COMPLIANCE
  87. Schedule 5: CONDITIONS OF ACCREDITATION
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. Schedule 6: PROCEDURE ON APPEALS
  91. 1Paragraph 1
  92. 2Paragraph 2
  93. 3Paragraph 3
  94. 4Paragraph 4
  95. Schedule 7: PUBLIC REGISTER
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. 3Paragraph 3
  99. 4Paragraph 4
  100. Schedule 8: GROUPS OF COMPANIES
  101. 1Paragraph 1
  102. 2Paragraph 2
  103. 3Paragraph 3
  104. 4Paragraph 4
  105. 5Paragraph 5
  106. 6Paragraph 6
  107. 7Paragraph 7
  108. Schedule 9: LICENSORS AND PUB OPERATING BUSINESSES
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  112. 4Paragraph 4
  113. 5Paragraph 5
  114. 6Paragraph 6
  115. 7Paragraph 7
  116. 8Paragraph 8
  117. 9Paragraph 9
  118. 10Paragraph 10
  119. Schedule 10: MID-YEAR CHANGES
  120. Part 1: SCHEME MEMBERSHIP
  121. 1Paragraph 1
  122. 2Paragraph 2
  123. 3Paragraph 3
  124. Part II: GROUP MEMBERSHIP
  125. 4Paragraph 4
  126. 5Paragraph 5
  127. 6Paragraph 6
  128. 7Paragraph 7
  129. 8Paragraph 8
  130. 9Paragraph 9
  131. 10Paragraph 10
  132. 11Paragraph 11
  133. 12Paragraph 12
  134. 13Paragraph 13
  135. 14Paragraph 14
  136. 15Paragraph 15
  137. 16Paragraph 16
  138. 17Paragraph 17
  139. Part III: INCAPACITY
  140. 18Paragraph 18
  141. 19Paragraph 19
  142. 20Paragraph 20
  143. Explanatory note