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

2.—(1) The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007(1) are amended as follows.

(2) In these Regulations, for “recovery and recycling obligations” in every place that it occurs, except for the definition of that expression in regulation 2(2), substitute “recycling obligations”.

(3) In regulation 2(2)–

(a) omit the definition of “energy recovery”;

(b) in the definitions of “PERN” and “PRN”, for “recovery” substitute “recycling”;

(c) in the definition of “producer responsibility obligations” omit “recovery and”;

(d) omit the definition of “recovery and recycling obligations”;

(e) “recycling” has the meaning given to it in Article 3 of the Waste Directive;

(f) for the definition of “recycling obligations” substitute ““recycling obligations” has the meaning given in regulation 4(4)(b);”.

(4) In regulation 4(4)(b)(i) omit “recover and”.

(5) In regulation 7(4)(ca)(i)(aa)—

(a) for “recover” substitute “recycle”;

(b) omit the words from “and, of this,” to the end.

(6) In regulation 16(3), for “recover” substitute “recycle” in every place that it occurs.

(7) In regulation 20(3)(a) omit “respectively for recovery and”.

(8) In regulation 22(2)—

(a) in sub-paragraph (a) omit “respectively for recovery and”; and

(b) in sub-paragraph (c) omit “recover and”.

(9) In regulation 24—

(a) in paragraph (1)(a)(i), for “recovery” substitute “recycling”;

(b) in paragraph (2) for “recovery” substitute “recycling” in every place that it occurs.

(10) In Schedule 2—

(a) in the heading omit “Recovery and”;

(b) in paragraph 1(1)—

(i) for “, a producer’s obligations to recover and” substitute “and subject to paragraph 1A, a producer’s obligation to”;

(ii) in sub-paragraph (a), for “recover” substitute “recycle”;

(iii) omit sub-paragraph (b);

(iv) in sub-paragraph (c)—

(aa) for “recover”, in the first place it occurs, substitute “recycle”;

(bb) for “recover by recycling” substitute “recycle”;

(c) after paragraph 1, insert—

“1A.— (1) For the purposes of paragraph 1(1)(a), where ∑Q is greater than ∑Z, a producers obligation is to recycle an amount of packaging waste equal to ∑Q.

(2) In this paragraph—

(a) “∑Q” means the sum of Q, as calculated in accordance with paragraph 3(3), for each recyclable material handled by the producer in the preceding year and for each class of producer to which the producer belongs;

(b) “∑Z” means the sum of Z, as calculated in accordance with paragraph 3(1), for each class of producer to which the producer belongs.”;

(d) in paragraph 3—

(i) in sub-paragraph (1)—

(aa) for “recovered”, substitute “recycled”;

(bb) in the definition of “X”, for “recovery” substitute “recycling”;

(cc) in the definition of “Z”, for “recovered” substitute “recycled”;

(ii) omit sub-paragraph (2);

(iii) in sub-paragraph (3), for “recover by recycling” substitute “recycle”;

(iv) in sub-paragraph (4), in the formula, for “67” substitute “72”;

(e) For paragraph 5 substitute—

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

(a) for the year 2021, 76%;

(b) for the year 2022, 77%.”;

(f) In paragraph 6, for Table 2 substitute—

“Table 2

Recycling targets

Materials	2021	2022
Glass	81	82
Plastic	59	61
Aluminium	66	69
Steel	86	87
Paper/Board	79	83
Wood	35	35”;

(g) For paragraph 8 substitute—

“8.   The recycling allocation “B” is 35 for each of the years 2021 and 2022.”.

(11) In Schedule 3, in Part 3, in paragraph 11(b)—

(a) for “recovered” substitute “recycled”;

(b) omit “and by which it is to be recycled through the scheme”.

(12) In Schedule 7, in paragraph 2, omit sub-paragraph (c).

(1)

S.R. 2007 No. 198; relevant amendments are S.R. 2017 No. 3, S.R. 2017 No. 230