The Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008

Statutory Instruments

2008 No. 1941

Environmental Protection

The Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008

Made

18th July 2008

Coming into force in accordance with regulation 1(1)

These Regulations are made by the Secretary of State for Environment, Food and Rural Affairs in exercise of the powers conferred by sections 93 to 95 of the Environment Act 1995(1), after consultation in accordance with section 93(2) of that Act.

As these Regulations implement Article 6(2) of Council Directive 94/62/EC on packaging and packaging waste(2), the Secretary of State has had regard to the matters specified in section 93(6) of the Environment Act 1995 as required by section 93(5) of that Act.

A draft of these Regulations has been approved by a resolution of each House of Parliament in accordance with section 93(10) of the Environment Act 1995.

(1)

1995 c. 25. Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in respect of devolved matters, the Secretary of State’s function in relation to implementing those obligations continues to be exercisable as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer of the relevant functions of the Secretary of State so far as they are exercisable in relation to Wales to the Welsh Ministers by virtue of Article 2 and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006, the Secretary of State’s function in relation to implementing obligations under Community law continues to be exercisable as regards Wales.

(2)

OJ No. L 365, 31.12.1994, p10, as amended by Council Regulation (EC) No. 1882/2003 (OJ No. L 284, 31.10.2003, p1), Council Directive 2004/12/EC (OJ No. L 47, 18.2.2004, p26) and Council Directive 2005/20/EC (OJ No. L 70, 16.3.2005, p17).