Scottish Statutory Instruments

2002 No. 147

ENVIRONMENTAL PROTECTION

The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2002

Made

25th March 2002

Laid before the Scottish Parliament

25th March 2002

Coming into force

26th March 2002

The Scottish Ministers, in exercise of the powers conferred by sections 93 and 94(1)(c) of the Environment Act 1995(1) and of all other powers enabling them in that behalf, after consultation in accordance with section 93(2) of that Act, and being satisfied as to the matters specified in section 93(6) as required by section 93(3) of that Act, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2002 and shall come into force on 26th March 2002.

(2) These Regulations extend to Scotland only.

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997

2. Schedule 2 (recovery and recycling obligations) to the Producer Responsibility Obligations (Packaging Waste) Regulations 1997(2) is amended as follows:

(a)in paragraph 4, for “and (c) for any subsequent year, 56%.” substitute–

“(c)for the year 2001, 56%; and

(d)for any subsequent year 59%.”; and

(b)in paragraph 5, for “and (c) for any subsequent year, 18%.” substitute–

“(c)for the year 2001, 18%; and

(d)for any subsequent year, 19%.”.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

25th March 2002

Explanatory Note

(This note is not part of the Regulations)

The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (the Principal Regulations) impose on producers obligations to recover and recycle packaging waste, and related obligations.

These Regulations amend the recovery and recycling targets in Schedule 2 to the Principal Regulations for 2002 onwards. These targets are used to calculate recovery and recycling obligations. Regulation 2(a) increases the target for recovery from 56% to 60% and regulation 2(b) increases the target for recycling from 18% to 19%.

The changes made by these Regulations were notified in draft to the European Commission under Directive 98/34/EC.

(1)

1995 c. 25; see section 93(8) for the definitions of “prescribed” and “regulations”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1997/648, amended by S.I. 1999/1361 and 3447 and S.S.I. 2000/451.