The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation and notices

   3. 2A. Modifications to the Packaging Waste Directive

   4. 2B. Modifications to the Waste Directive

   5. 3. Exclusion of charities from producer responsibility obligations

3. PART 2 PRODUCERS AND OBLIGATIONS

   1. 4. Producers and producer responsibility obligations

   2. 5. Producers and Scheme membership

4. PART 3 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. 13A. Conditions of approval of a scheme

   10. 13B. Refusal to grant approval of a scheme

   11. 13C. Withdrawal of approval of a scheme

   12. 14. Application for registration of a scheme

   13. 15. Conditions of registration of a scheme

   14. 15A. Notification of change of membership

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

   16. 17. Refusal to register a scheme

   17. 18. Cancellation of registration of a scheme

   18. 19. Information provided to scheme operators

5. PART 4 RECORDS, RETURNS AND CERTIFICATE

   1. 20. Producers – records and returns

   2. 21. Producers – certifying obligation

   3. 22. Schemes – records and returns

   4. 22A. Notification of winding-up, receivership, administration, etc.

6. PART 5 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 6 APPEALS

   1. 27. Right of appeal

   2. 28. Procedure on appeals

   3. 29. Determination of appeals

   4. 30. Status pending appeal

8. PART 7 POWERS AND DUTIES OF THE DEPARTMENT

   1. 31. Monitoring

   2. 32. Monitoring – publication

   3. 33. Public register

   4. 34. Approved persons

   5. 34A. Delegation of approved persons’ functions: procedure

   6. 35. Entry and inspection

   7. 36. Provision of information to the Department

9. PART 8 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 9 OFFENCES

    1. 40. Offences and penalties

11. PART 10 REVOCATION AND TRANSITIONAL PROVISION

    1. 41. Revocation and transitional provision

12. Signature

13. 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 1A

       DISPOSAL OPERATIONS

       1. 1. Deposit into or on to land (for example landfill).

       2. 2. Land treatment (for example biodegradation of liquid or sludgy discards...

       3. 3. Deep injection (for example injection of pumpable discards into wells,...

       4. 4. Surface impoundment (for example placement of liquid or sludgy discards...

       5. 5. Specially engineered landfill (for example placement into discreet cells which...

       6. 6. Release into a water body except seas or oceans.

       7. 7. Release into seas or oceans including sea bed insertion.

       8. 8. Biological treatment not specified in this Schedule which results in...

       9. 9. Physio-chemical treatment not specified elsewhere in this Schedule which results...

       10. 10. Incineration on land.

       11. 11. Incineration at sea.

       12. 12. Permanent Storage (for example emplacement in containers in a mine)....

       13. 13. Blending or mixing prior to submission to any or the...

       14. 14. Repackaging prior to submission to any of the operations mentioned...

       15. 15. Storage pending any of the operations mentioned in paragraphs 1...

    3. SCHEDULE 1B

       CATEGORIES OF WASTE

       1. 1. Production or consumption residues not otherwise specified in paragraphs 2...

       2. 2. Off specification products.

       3. 3. Products whose date for appropriate use has expired.

       4. 4. Materials spilled, lost or having undergone other mishap including and...

       5. 5. Materials contaminated or soiled as a result of planned actions...

       6. 6. Unusable parts (for example reject batteries or exhausted catalysts).

       7. 7. Substances which no longer perform satisfactorily (for example contaminated acids,...

       8. 8. Residues of industrial processes (for example slags or still bottoms)....

       9. 9. Residues from pollution abatement processes (for example scrubber sludge’s, baghouse...

       10. 10. Machining or finishing residues (for example lathe turnings or mill...

       11. 11. Residues from raw materials extraction and processing (for example mining...

       12. 12. Adulterated materials (for example oils contaminated with PCB’s).

    4. SCHEDULE 2

       ARECYCLING OBLIGATIONS

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

       2. 1A. (1) For the purposes of paragraph 1(1)(a), where ∑Q is...

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

       4. 3. (1) The amount of packaging waste to be recycled by...

       5. 4. (1) The following percentages are prescribed as the percentages for...

       6. 5. The percentage which is prescribed as the recycling target “X”...

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

       8. 6A. The following percentages are prescribed as the recycling by re-melt...

       9. 7. (1) The amount of packaging waste to be recycled by...

       10. 8. The recycling allocation “B” is 35 for the year 2024....

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

       12. 10. Where the Department is satisfied that a producer has instituted...

       13. 11. For the purposes of this Schedule, “recycling by re-melt” means...

    5. 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. For the purposes of paragraph 12(c)(iii) above “household waste”, “industrial...

    6. SCHEDULE 4

       INFORMATION IN CERTIFICATE OF COMPLIANCE

    7. 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...

    8. SCHEDULE 6

       PROCEDURE ON APPEALS

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

       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 Planning Appeals Commission or other person determining an...

    9. 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...

    10. SCHEDULE 8

        SUPPLEMENTAL PROVISIONS WITH REGARD TO POWERS OF ENTRY

        1. 1. Issue of warrants

        2. 2. Manner of exercise of powers

        3. 3. Information obtained to be admissible in evidence

        4. 4. Duty to secure premises

        5. 5. Compensations

        6. 6. Relevant power

    11. SCHEDULE 9

        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 11 “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 11....

    12. SCHEDULE 10

        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...

    13. SCHEDULE 11

        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 2 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 3 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...

14. Explanatory Note