The Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (“the 1997 Regulations”), which impose obligations on producers to recover and recycle packaging waste, and related obligations, to assist the UK in attaining the targets set out in Article 6(1) of Directive 94/62/EC on packaging and packaging waste (O.J. No. L 365, 31.12.94, p.10), as amended by Regulation (EC) No. 1882/2003 (O.J. No. L 284, 31.10.2003, p.1) and Directive 2004/12/EC (O.J. No. L 47, 18.2.2004, p.26).

Regulation 2 amends the 1997 Regulations to allow reprocessors and exporters to apply for, and SEPA to grant, accreditation at any time throughout the year.

Paragraph (2) amends regulation 21B of the 1997 Regulations. Sub paragraph (a) removes the requirement for a person to have applied for accreditation as a reprocessor or exporter by 30th September in the year preceding the year in which that person is applying to be accredited. Sub paragraph (b) removes the requirement for the appropriate Agency (in Scotland, SEPA) to have notified the applicant of its decision by 30th November, although the requirement to notify in writing remains. Sub paragraph (c) provides that where accreditation is granted in the preceding year to which the application relates, it takes effect from 1st January and in all other cases, from the date of the decision. Accreditations subsist until 31st December of the year to which the accreditation relates.

Paragraph (3) makes consequential amendments to Schedule 2A of the 1997 Regulations.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.