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The Producer Responsibility Obligations (Packaging Waste) Regulations 2005

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation, commencement and extent

    2. 2.Interpretation and notices

    3. 3.Exclusion of charities from producer responsibility obligations

  3. PART II PRODUCERS AND OBLIGATIONS

    1. 4.Producers and producer responsibility obligations

    2. 5.Producers and Scheme membership

  4. PART III REGISTRATION: PRODUCERS AND SCHEMES

    1. 6.Producer registration obligation

    2. 7.Application for producer registration

    3. 8.Conditions of registration of a producer

    4. 9.Forms and fees for producer registration

    5. 10.Refusal to register producers

    6. 11.Cancellation of registration of producers

    7. 12.Schemes: general provisions

    8. 13.Application for approval of a scheme

    9. 14.Application for registration of a scheme

    10. 15.Conditions of registration of a scheme

    11. 16.Forms and fees for registration of a scheme

    12. 17.Refusal to register a scheme

    13. 18.Cancellation of registration of a scheme

    14. 19.Information provided to scheme operators

  5. PART IV RECORDS, RETURNS AND CERTIFICATE

    1. 20.Producers—records and returns

    2. 21.Producers—certifying obligation

    3. 22.Schemes—records and returns

  6. PART V ACCREDITATION OF REPROCESSORS AND EXPORTERS

    1. 23.Requirement for accreditation

    2. 24.Application for accreditation

    3. 25.Conditions of accreditation

    4. 26.Suspension and cancellation of accreditation

  7. PART VI APPEALS

    1. 27.Right of appeal

    2. 28.Procedure on appeals

    3. 29.Determination of appeals

    4. 30.Status pending appeal

  8. PART VII AGENCIES' POWERS & DUTIES

    1. 31.Monitoring

    2. 32.Monitoring—publication

    3. 33.Public register

    4. 34.Approval of persons to issue certificates of compliance

    5. 35.Entry and inspection

    6. 36.Provision of information to the appropriate authority

  9. PART VIII GROUPS OF COMPANIES, PUB OPERATING BUSINESSES AND LICENSORS AND MID-YEAR CHANGES

    1. 37.Packaging handled by groups of companies

    2. 38.Packaging handled by licensors and pub operating businesses

    3. 39.Mid-year changes

  10. PART IX OFFENCES

    1. 40.Offences and penalties

  11. PART X REVOCATION AND TRANSITIONAL PROVISION

    1. 41.Revocation and transitional provision

  12. Signature

    1. SCHEDULE 1

      PRODUCERS

      1. 1.(1) For the purposes of Column 1 in the above...

      2. 2.For the purposes of Column 3 of the above Table,...

      3. 3.A person satisfies the threshold tests if—

      4. 4.(1) For the purposes of paragraph 3(a) above audited accounts...

    2. SCHEDULE 2

      RECOVERY AND RECYCLING OBLIGATIONS

      1. 1.(1) Except for a small producer who has elected to...

      2. 2.Where a small producer has elected to follow the allocation...

      3. 3.(1) The amount of packaging waste to be recovered by...

      4. 4.(1) The following percentages are prescribed as the percentages for...

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

      6. 6.The following percentages are prescribed as the recycling target “Y”...

      7. 7.(1) The amount of packaging waste to be recycled by...

      8. 8.Table 3 prescribes the recycling allocation “B” in relation to...

      9. 9.Paragraph 4(2) of Schedule 1 applies for the purposes of...

      10. 10.Where the appropriate Agency is satisfied that a producer has...

    3. SCHEDULE 3

      INFORMATION

      1. PART I INFORMATION TO BE CONTAINED IN APPLICATION FOR PRODUCER REGISTRATION

        1. 1.The address and telephone number of the registered office of...

        2. 2.The business name of the producer if different from that...

        3. 3.The address for service of notices on the producer if...

        4. 4.Where the producer is a partnership, the names of all...

      2. PART II INFORMATION TO BE INCLUDED IN AN APPLICATION FOR REGISTRATION OF A SCHEME

        1. 5.The name of the scheme.

        2. 6.The name of the operator and, where the operator is...

        3. 7.The address and telephone number of the registered office of...

        4. 8.The address for service of notices if different from that...

        5. 9.The names and addresses of the registered offices, or, where...

        6. 10.Full particulars of the agreement for the constitution of the...

      3. PART III STATEMENT OF THE SCHEME'S POLICIES AND THE OPERATIONAL PLANS OF SCHEMES AND PRODUCERS

        1. 11.The matters to be contained in the statement to be...

        2. 12.The matters to be contained in the operational plan referred...

        3. 13.(1) For the purposes of paragraph 12(c)(ii) above “waste collection...

    4. SCHEDULE 4

      INFORMATION IN CERTIFICATE OF COMPLIANCE

      1. 1.The name and address of the approved person who is...

      2. 2.The date of the certificate.

      3. 3.The producer in respect of whom the approved person is...

      4. 4.A statement by the approved person that the certificate has...

      5. 5.Certification by the approved person as to whether the relevant...

      6. 6.Subject to paragraph 7 below, copies of all PRNs or...

      7. 7.A PRN or PERN which is issued in respect of...

    5. SCHEDULE 5

      CONDITIONS OF ACCREDITATION

      1. 1.The conditions referred to in regulation 25 are that—

      2. 2.For the purposes of this Schedule— (a) “issue” in relation...

    6. SCHEDULE 6

      PROCEDURE ON APPEALS

      1. 1.(1) A person who wishes to appeal to the appropriate...

      2. 2.(1) Subject to sub-paragraph (2) below, notice of appeal shall...

      3. 3.Where under regulation 28(2) the appeal is by way of...

      4. 4.(1) The appropriate authority or other person determining an appeal...

    7. SCHEDULE 7

      PUBLIC REGISTER

      1. 1.The name and address of the registered office or principal...

      2. 2.In relation to accredited reprocessors and exporters—

      3. 3.A statement in relation to each registered producer as to...

      4. 4.A statement in relation to each registered operator of a...

    8. SCHEDULE 8

      GROUPS OF COMPANIES

      1. 1.This Schedule applies in relation to a relevant year—

      2. 2.Subject to regulation 5, in respect of a year each...

      3. 3.For the purposes of this Schedule and Schedule 10 “subsidiary”...

      4. 4.Subject to regulation 5, companies who are producers and are...

      5. 5.Where there is a group registration— (a) the subsidiary companies...

      6. 6.This Schedule is subject to the provisions of Schedule 10....

    9. SCHEDULE 9

      LICENSORS AND PUB OPERATING BUSINESSES

      1. 1.A head organisation has producer responsibility obligations in the situations...

      2. 2.Paragraph 6 below applies to determine the producer responsibility obligations...

      3. 3.(1) The situations referred to in paragraph 1 above are...

      4. 4.Where the head organisation is a licensor, for the purposes...

      5. 5.Where the head organisation is a pub operating business, for...

      6. 6.Where the head organisation is a licensor—

      7. 7.Where the head organisation is a pub operating business—

      8. 8.Where the head organisation does not have the information necessary...

      9. 9.For the purposes of this Schedule— (a) “head organisation” means...

    10. SCHEDULE 10

      MID-YEAR CHANGES

      1. PART 1 SCHEME MEMBERSHIP

        1. 1.Subject to paragraphs 4 and 5 below, where a person...

        2. 2.Where a person who is a producer in respect of...

        3. 3.Where a person who is a producer in respect of...

      2. PART II GROUP MEMBERSHIP

        1. 4.This Part applies where— (a) a company joins a group...

        2. 5.Where paragraph 4(a) above applies the company shall either—

        3. 6.Where— (a) paragraph 4(a) above applies; (b) in relation to...

        4. 7.Where— (a) paragraph 4(a) above applies; (b) in relation to...

        5. 8.Where— (a) paragraph 4(a) above applies; (b) in relation to...

        6. 9.Where— (a) paragraph 4(a) above applies; (b) in relation to...

        7. 10.Where— (a) paragraph 4(b) above applies; and

        8. 11.Where— (a) paragraph 4(b) above applies; (b) in relation to...

        9. 12.Where— (a) paragraph 4(b) above applies; (b) in relation to...

        10. 13.Where— (a) paragraph 4(b) above applies; (b) in relation to...

        11. 14.Where— (a) paragraph 4(b) above applies; (b) in relation to...

        12. 15.Where in a relevant year paragraph 4 above applies to...

        13. 16.The proportion referred to in paragraphs 8 and 9 above...

        14. 17.For the purposes of this Part of this Schedule, the...

      3. PART III INCAPACITY

        1. 18.Where in a relevant year a producer dies or becomes...

        2. 19.Any person carrying on the activities of the first producer...

        3. 20.In relation to a producer which is a company, the...

    11. SCHEDULE 11

      REVOCATIONS

  13. Explanatory Note

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