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The Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations (Northern Ireland) 2017

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Statutory Rules of Northern Ireland

2017 No. 230

Environmental Protection

The Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations (Northern Ireland) 2017

Made

30th November 2017

Coming into operation

1st January 2018

The Department of Agriculture, Environment and Rural Affairs makes these Regulations in exercise of the powers conferred by Articles 3(1) and 4(1) of the Producer Responsibility Obligations (Northern Ireland) Order 1998(1) and now vested in it(2).

The Department makes these Regulations—

(a)

after consultation in accordance with Article 3(2) of the Producer Responsibility Obligations (Northern Ireland) Order 1998;

(b)

having regard to the matters specified in Article 3(6); and

(c)

in accordance with the duty in Article 3(7) of that Order.

Citation and commencement

1.  These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations (Northern Ireland) 2017 and shall come into operation on 1st January 2018.

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

2.—(1) Schedule 2 to the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 (Recovery and Recycling Obligations) (3) is amended as follows.

(2) For paragraph 5, substitute —

5.  The following is prescribed as the recovery target “X” —

(a)for the year 2018, 80%;

(b)for the year 2019, 81%;

(c)for the year 2020, 82%..

(3) In paragraph 6, for Table 2 substitute —

Table 2

Recycling targets

Material201820192020
Glass787980
Aluminium586164
Steel798285
Paper/Board717375
Plastic535557
Wood384348.

(4) For paragraph 8 substitute —

8.  The recycling allocation “B” is 30 for each of the years 2018 to 2020..

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 30th November 2017.

Legal seal

John Mills

A senior officer of the

Department of Agriculture, Environment and Rural Affairs

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 1998) (the “2007 Regulations”). The 2007 Regulations impose obligations on producers to recover and recycle packaging waste in order to attain the recycling and recovery targets set out in Article 6(1) of the European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ No L 365, 31.12.1994, p.10), as last amended by Directive (EU) 2015/720 (OJ L 115, 6.5.2015, p.11).

These Regulations establish new waste packaging recovery and recycling targets for paper, aluminium, steel and wood for the years 2018 to 2020. The amendments also set the recycling targets for all packaging materials for the years 2018 to 2020.

These Regulations were notified in draft to the European Commission, in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council, laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services.

A full impact assessment of the effect that these Regulations will have on costs to business and the voluntary sector is available from the Producer Responsibility Unit at the Department for Environment, Food and Rural Affairs, Level 2, Nobel House, 17 Smith Square, London SW1P 3JR and is published with the Explanatory Memorandum alongside the Regulations on www.legislation.gov.uk.

(1)

S.I. 1998/1762 (N.I. 16) relevant amendments are S.I. 2003/311, art 43(2) and 2011 c.5 (N.I.), s10(2)

(2)

The Department of the Environment was dissolved by section 1(9) of the Departments Act (Northern Ireland) 2016 and, by virtue of Article 8(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016, its functions for the purposes of these Regulations were transferred to the Department of Agriculture, Environment and Rural Affairs

(3)

S.R. 2007 No. 198; relevant amendments are S.R. 2013 No. 262 Regulations 3(4), (6) and (7)

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