The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 1999

Regulation 3(5)(b)(i)

SCHEDULE 2 Recovery and Recycling Obligations

1.  A producer’s obligations to recover and recycle packaging waste in a relevant year are, in relation to each class of producer to which he belongs—

(a) to recover an amount of packaging waste as provided in paragraph 2(1);

(b) to recover by recycling a proportion of that packaging waste, as provided in paragraph 2(2); and

(c) as part of the obligation to recover packaging waste as provided in sub-paragraph (a), to recover by recycling an amount of packaging materials which is packaging waste, as provided in paragraph 2(3),

and are calculated by aggregating his obligations in relation to each class of producer to which he belongs in respect of that year.

2.—(1) The amount of packaging waste to be recovered by a producer in relation to a class of producer to which he belongs is calculated as follows—

P + C + X - Z

where—

• P is the amount in tonnes to the nearest tonne of packaging and packaging materials handled by the producer in the preceding year,

• C is the percentage prescribed in paragraph 3 in relation to the class of producer,

• X is the percentage prescribed in paragraph 4 as the recovery target for the relevant year, and

• Z is the amount by tonnage of packaging waste which is to be recovered within the relevant year.

(2) The proportion of the packaging waste referred to in sub-paragraph (1) which is to be recovered by recycling is, for the year 2001 and subsequent years, in relation to a class of producer to which the producer belongs, not less than 50% of the amount by tonnage of packaging waste represented by “Z” in sub-paragraph (1).

(3) The obligations of a producer to recover by recycling an amount of packaging materials which is packaging waste in relation to a class of producer to which he belongs are calculated in relation to each packaging material which he handled in the preceding year, as follows—

M + C + Y - Q

where—

• M is the amount in tonnes to the nearest tonne of the packaging material handled by the producer in the preceding year,

• C is the percentage prescribed in paragraph 3 in relation to the class of producer,

• Y is the percentage prescribed in paragraph 5 as the recycling target for the relevant year, and

• Q is the amount by tonnage of packaging waste of that packaging material which is to be recycled in the relevant year.

3.—(1) The following percentages are prescribed as the percentages for the following classes of producer—

(a) manufacturer 6%;

(b) convertor 11%;

(c) packer/filler 36%;

(d) seller or wholesaler 47%; and

(e) secondary provider 83%.

(2) The following percentages are prescribed for the class of importer—

(a) the manufacturer’s percentage, that is 6%—

(i) on Class A supplies, where the importer also carries out the functions of a convertor,

(ii) on Class B supplies, where the relevant packaging or packaging materials are supplied, by the distributor who receives them, to a convertor, and

(iii) on Class C supplies to a convertor;

(b) the manufacturer’s and the convertor’s percentages aggregated, that is6% & 11% & 17%—

(i) on Class A supplies, where the importer also carries out the functions of a packer/filler,

(ii) on Class B supplies, where the relevant packaging or packaging materials are supplied, by the distributor who receives them, to a packer/filler, and

(iii) on Class C supplies to a packer/filler;

(c) the manufacturer's, the convertor’s and packer/filler’s percentages aggregated, that is 6% + 11% + 36% = 53%—

(i) on Class A supplies, where the importer also carries out the functions of a seller,

(ii) on Class B supplies, where the relevant packaging or packaging materials are supplied, by the distributor who receives them, to a seller, and

(iii) on Class C supplies to a seller; and

(d) the manufacturer's, the convertor's, packer/filler’s and the seller’s percentages aggregated, that is 6% + 11% + 36% + 47% = 100%—

(i) on Class F supplies,

(ii) on Class A supplies, where the importer is also the final user or consumer.

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

(a) for the year 2000, 43%; and

(b) for any subsequent year, 52%.

5.  The following is prescribed as the recycling target “Y”—

(a) for the year 2000, 11%; and

(b) for any subsequent year, 16%.

6.—(1) In this Schedule—

(a) for the purposes of paragraph 2(1) and for the year 1999 “packaging materials” means any of the following—

(i) glass,

(ii) aluminium,

(iii) steel,

(iv) paper/fibreboard, or

(v) plastic;

(b) for the purposes of paragraph 2(1), and for the year 2000 and subsequent years, “packaging materials” means any of the materials referred to in sub-paragraph (a) together with wood and other packaging materials; and

(c) for the purposes of paragraph 2(3) “packaging materials” means any of the materials referred to in sub-paragraph (a).

(2) For the purposes of sub-paragraph (1), packaging materials composed of a combination of the materials there referred to are to be treated as made of the material which is predominant by weight.