http://www.legislation.gov.uk/ukdsi/2003/0110482425/contentsThe Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003Waste policies and regulationKing's Printer of Acts of Parliament2016-03-01ENVIRONMENTAL PROTECTION, ENGLAND2004-01-01 These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (the “1997 Regulations”), which imposed on producers, and, on their behalf, operators of schemes, obligations to recover and recycle specified tonnages of packaging waste, and related obligations, in order to attain the targets in Article 6(1) of Directive 94/62/EC ( the “Directive”) which had to be met in 2001. A revision of the Directive which will set new targets to be met in 2008 is presently being negotiated and is expected to be agreed by the end of 2003. In order to ensure that the absence of targets higher than those presently in the 1997 Regulations does not prejudice the United Kingdom`s ability to increase its rates of recovery and recycling sufficiently to meet the new Directive targets in 2008, these Regulations set interim domestic targets and recovery and recycling obligations which take account of the probable new targets which the United Kingdom is likely to have to meet in 2008. The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003 The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003 1Citation, commencement and application 2Interpretation 3Amendment of the 1997 Regulations 4Amendment of Part I (General) 5Amendment of Part II (Producers and Obligations) 6Amendment of Part III (Registration) 7Amendment of Part IV (Registration of Schemes—Appeals) 8Insertion of new Part IVA (Accreditation of Reprocessors and Exporters) 9Amendment of Part V (Records, Returns and Certificate) 10Amendment of Part VI (Agencies' Powers and Duties) 11Amendment of Part X (Offences) 12Amendment of Schedule 1 (Producers) 13Amendment of Schedule 2 (Recovery and Recycling Obligations) 14Insertion of new Schedule 2A (Conditions of Accreditation) 15Amendment of Schedule 3 (Definitions of Waste, Recovery and Special Producers) 16Amendment of Schedule 4 (Information) 19Substitution of Schedule 7 (Public Register) 20Amendment of Schedule 9 (Mid-year Changes) 21Deletion of Schedule 10 (United Kingdom’s Recovery and Recycling Targets) Draft Regulations laid before Parliament under section 93(10) of the Environment Act 1995, for approval by resolution of each House of Parliament. 2003 No. ENVIRONMENTAL PROTECTION, ENGLAND The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003 Made 2003 Coming into force 1st January 2004

Whereas the Secretary of State has consulted in accordance with section 93(2) of the Environment Act 1995 (“the Act”) with such bodies and persons as appear to her to be representative of bodies or persons whose interests are, or are likely to be, substantially affected by these Regulations:

And whereas the Secretary of State— a has had regard, in so far as these Regulations implement obligations of the United Kingdom under the Community Treaties, to the matters specified in section 93(6) of the Act in accordance with section 93(5) of the Act; b is satisfied, in so far as these Regulations make other provision, as to the matters specified in section 93(6) of the Act in accordance with section 93(3) of the Act:

And whereas the Secretary of State considers that making these Regulations exercises the power in sections 93, 94 and 95 of the Act in the manner required by section 93(6) of the Act:

And whereas the Secretary of State has, in making provision in relation to fees, had regard to the desirability of securing that the fees are sufficient for the purposes referred to in section 94(5) of the Act:

And whereas a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 93(10) of the Act:

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 93, 94 and 95 of the Act, hereby makes the following Regulations: 1995 c. 25; see the definitions of “prescribed” and “regulations” section 93(8). The functions of the Secretary of State under section 93 to 95, insofar as they relate to Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). In relation to Wales, those functions were transferred to the National Assembly for Wales (see article 2 of, and the entry relating to the Environment Act 1995 in Schedule 1, to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1996/672)). The relevant obligation is Article 6(1) of European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ No L365, 31.12.94, p 10); the Directive was amended with effect from 20th November 2003 in Article 21 (Committee Procedure) by paragraph 53 of Annex III (Regulatory Procedure) to Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ No L284, 31.10.2003, p 1).