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Statutory Rules of Northern Ireland

2017 No. 3

Environmental Protection

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2017

Made

10th January 2017

Coming into operation

2nd February 2017

The Department of Agriculture, Environment and Rural Affairs makes these Regulations in exercise of the powers conferred by Articles 2(3), 3(1), 4(1) and 7(2) of the Producer Responsibility Obligations (Northern Ireland) Order 1998(1) and now vested in it(2).

The Department makes these Regulations —

(a)

after consultation in accordance with Article 3(2) of the Producer Responsibility Obligations (Northern Ireland) Order 1998;

(b)

having regard to the matters in Article 3(6) as required by Article 3(5) of that Order (subject to modifications required through the exercise of the powers in Article 3(4)); and

(c)

in accordance with the duty in Article 3(7) of that Order.

Citation and commencement

1.  These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2017 and shall come into operation on 2nd February 2017.

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

2.—(1) Schedule 2 to the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 (Recovery and Recycling Operations)(3) is amended as follows.

(2) In paragraph 3(4)—

(a)for the formula substitute—

; and

(b)omit the definition of “W”.

(3) In paragraph 6, for Table 2 (Recycling targets) substitute—

Table 2

Recycling targets

Material20162017201820192020
Glass7777787980
Aluminium5255555555
Steel7576767676
Paper/Board69.569.569.569.569.5
Plastic4951535557
Wood2222222222.

(4) Omit paragraph 6A.

Revocation of 2014 Regulations

3.  The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2014 (4) are revoked.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 10th January 2017.

(L.S.)

John Mills

A senior officer of the Department of Agriculture, Environment and Rural Affairs

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007 (S.R. 2007 No.198) (the “2007 Regulations”). The 2007 Regulations impose obligations on producers to recover and recycle packaging waste in order to attain the recovery and recycling targets set out in Article 6(1) of Council Directive 94/62/EC on packaging and packaging waste (OJ No L 365, 31.12.1994, p.10), as last amended by Directive (EU) 2015/720 (OJ L 115, 6.5.2015. p.11).

These Regulations set the recycling targets for glass and plastic together with the recycling by re-melt glass targets for the years 2016, 2017, 2018, 2019 and 2020.

A full impact assessment of the effect that this Rule will have on costs to business and the voluntary sector is available from the Producer Responsibility Unit at the Department for Environment, Food and Rural Affairs, Level 2, Nobel House, 17 Smith Square, London SW1P 3JR and is published with the Explanatory Memorandum alongside this Rule on www.legislation.gov.uk.

(1)

S.I. 1998/1762 (N.I. 16) relevant amendments are S.I. 2003/311, art 43(2) and 2011 c.5(N.I.),s.10(2)

(2)

The Department of the Environment was dissolved by section 1(9) of the Departments Act (Northern Ireland) 2016 and, by virtue of Article 8(1)(c) of the Departments (Transfer of Functions) Order (Northern Ireland) 2016, its functions for the purposes of these Regulations were transferred to the Department of Agriculture, Environment and Rural Affairs

(3)

S.R. 2007 No. 198; relevant amendments are S.R. 2013 No. 262 reg. 3(4), (6) and (7)