The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003

Statutory Instruments

2003 No. 3294

ENVIRONMENTAL PROTECTION, ENGLAND

The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003

Made

15th December 2003

Coming into force

1st January 2004

Whereas the Secretary of State has consulted in accordance with section 93(2) of the Environment Act 1995(1) (“the Act”) with such bodies and persons as appear to her to be representative of bodies or persons whose interests are, or are likely to be, substantially affected by these Regulations:

And whereas the Secretary of State—

(a) has had regard, in so far as these Regulations implement obligations(2) of the United Kingdom under the Community Treaties, to the matters specified in section 93(6) of the Act in accordance with section 93(5) of the Act;

(b) is satisfied, in so far as these Regulations make other provision, as to the matters specified in section 93(6) of the Act in accordance with section 93(3) of the Act:

And whereas the Secretary of State considers that making these Regulations exercises the power in sections 93, 94 and 95 of the Act in the manner required by section 93(6) of the Act:

And whereas the Secretary of State has, in making provision in relation to fees, had regard to the desirability of securing that the fees are sufficient for the purposes referred to in section 94(5) of the Act:

And whereas 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 Act:

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 93, 94 and 95 of the Act, hereby makes the following Regulations:

(1)

1995 c. 25; see the definitions of “prescribed” and “regulations” section 93(8). The functions of the Secretary of State under section 93 to 95, insofar as they relate to Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). In relation to Wales, those functions were transferred to the National Assembly for Wales (see article 2 of, and the entry relating to the Environment Act 1995 in Schedule 1, to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1996/672)).

(2)

The relevant obligation is Article 6(1) of European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ No L365, 31.12.94, p 10); the Directive was amended with effect from 20th November 2003 in Article 21 (Committee Procedure) by paragraph 53 of Annex III (Regulatory Procedure) to Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ No L284, 31.10.2003, p 1).