The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2000

Statutory Instruments

2000 No. 3375

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2000

Made

22nd December 2000

Coming into force

31st December 2000

The Secretary of State, in exercise of his powers under sections 93 and 94(1)(c) and (p) of the Environment Act 1995(1), for the implementation of article 6(1) of Directive 94/62/EC(2) and in exercise of all other powers enabling him in that behalf, after consultation in accordance with section 93(2) of that Act, and after having regard to the matters specified in section 93(6) as required by section 93(5) of that Act, hereby makes the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2000, and shall come into force on 31st December 2000.

(2) These Regulations apply to England and Wales only.

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

2.—(1) The Producer Responsibility Obligations (Packaging Waste) Regulations 1997(3) are amended as follows.

(2) In regulation 15 (forms and fees for registration of a scheme)—

(a) in paragraph (2) for the words from “B is an amount” to “£126” substitute “B is £460”;

(b) in paragraph (3) for the words “B is the amount” to “the appropriate Agency” substitute “B is £460”.

(3) In Schedule 2 (recovery and recycling obligations)—

(a) in paragraph 4(c), for “52%”, substitute “56%”;

(b) in paragraph 5(c), for “16%”, substitute “18%”.

Signed by authority of the Secretary of State

Michael Meacher

Minister of State,

Department of the Environment, Transport and the Regions

22nd December 2000

Explanatory Note

(This note is not part of the Regulations)

The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 impose on producers obligations to recover and recycle packaging waste, and related obligations, in order to attain the targets in article 6(1) of Directive 94/62/EC.

These Regulations amend the fee which is to be charged by the Environment Agency on an application for registration of a scheme under regulations 14 and 15 of those Regulations. The fee is now calculated at the rate of £460 per member of the scheme, rather than on a scale (from £760 to £126 per member) according to the number of members of the scheme. They also increase the targets from 2001 onwards to 56% for recovery and 18% for recycling.

(1)

1995 c. 25; see section 93(8) for the definitions of “prescribed” and “regulations”. The functions of the Secretary of State were transferred—

(i)

so far as exercisable within devolved competence, to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46) (but see section 57(1) of that Act);

(ii)

so far as exercisable in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). See paragraph 5 of Schedule 3 to the Government of Wales Act 1998 (c. 38) as to the continued exercise of the Secretary of State’s functions for the purpose of implementing any Community obligation of the United Kingdom.

(2)

O.J. No. L365, 31.12.94, p. 10.

(3)

S.I. 1997/648; amended by S.I. 1999/1361, 3447.