Schedule 6: Resource efficiency information
Part 1: Requirements
General power
- Paragraph 1(1) is a power which enables the relevant national authority, as defined in section 52, to make product-specific regulations setting requirements to provide information about a product’s resource efficiency.
- Sub-paragraph (2) exempts food products, medicinal products and veterinary medicinal products from being subject to regulations made under this measure. These types of products are already extensively regulated and it is not considered appropriate to impose further regulation relating to provision of information about their resource efficiency.
- Sub-paragraph (3) allows regulations to be made in relation to the packaging of those products listed in sub-paragraph (2).
Meaning of "information about resource efficiency"
- Paragraph 2(1) defines "information about resource efficiency" as any information which is relevant to the product’s impact on the natural environment and which falls within sub-paragraph (2) or (3). "Natural environment" has the same meaning as in section 44.
- Sub-paragraphs (2) and (3) together provide an exhaustive list of the types of information about a product which can be required to be provided under these powers. Sub-paragraph (2) includes information relating to the product’s expected life, durability, reparability and upgradeability and the ways in which it can be disposed of at the end of its life. For example, regulations might require information to be given about whether spare parts are available to accommodate repair, the potential to remanufacture the product or whether the materials used in the product are recyclable. Sub-paragraph (3) includes types of information relating to the impact of the product on the natural environment; these include the materials and techniques used in its manufacture, the resources consumed during its production or use, and the pollutants (such as greenhouse gases) released or emitted during production, which includes both the extraction of raw materials and the manufacturing process, as well as use or disposal.
Persons on whom requirements may be imposed
- Paragraph 3 sets out the persons who may be subject to requirements under regulations made under this measure. This is limited to persons who are involved in the manufacture, import, distribution, sale or supply of the product. This may include someone who supplies a product by way of hire or lease.
Examples of provision that may be made
- Paragraph 4 gives examples of provision that may be made. These include provisions around:
- How information about the product is to be provided. This may, for example, be through affixing a label or through providing information in a manual accompanying the product or on the manufacturer’s website.
- Giving certain bodies the authority to determine whether the product has the characteristics which it is described to have on the label or in other information accompanying the product. For example, if a label is required to be affixed to packaging in order to state whether or not it is a recyclable, regulations may contain a provision giving someone the function of determining whether the packaging is indeed recyclable or not. This body will also publish the results of their determinations.
- Additional examples include mandatory labelling of clothing in respect of durability, expected lifetime or recycled content, or information about nappies and other absorbent hygiene products covering their environmental performance and impact.
- Specifying a scheme for classifying products, such as a ‘rating label’ scheme assessing how well products meet criteria relating to resource efficiency.
- Requiring information about a product to be determined according to specified criteria. This criteria could be based on the results of the determinations or classification schemes set out above.
Consultation etc requirements
- Paragraph 5 contains the steps the relevant national authority must follow, and the matters to which the authority must have regard, before making product specific regulations under Part 1 of this Schedule.
- Sub-paragraph (1) sets out that they must consult any persons they consider appropriate, as well as having regard to the matters set out in sub-paragraph (2). These are that the product has a significant impact on natural resources at any stage of its production, use or disposal; that the benefits of the regulations outweigh the costs associated with complying with them; and whether any exemptions or special provisions should made for smaller businesses.
- Sub-paragraph (3) provides that the consultation requirement in paragraph 5 of Schedule 6 may be met by a consultation before paragraph 5 comes into force.
Interpretation
- Paragraph 6 contains definitions for the purposes of Part 1 of this Schedule. In particular, it defines "product" as including a product which is a component part of, or packaging of another product. This could for example include food or drinks packaging, which could be labelled with a ‘recyclable/ non-recyclable’ marking.
Part 2: Enforcement
General power
- Paragraph 7 gives the relevant national authority power to make regulations containing provision for the enforcement of resource efficiency information requirements.
Powers to confer functions
- Paragraph 8(1) sets out that regulations may confer enforcement functions on one or more bodies. Those bodies will be specified in the regulations.
- Sub-paragraph (2) sets out that these functions may involve the enforcement body exercising discretion in relation to the exercise of their enforcement functions. It also outlines that the enforcement body may authorise another body to carry out one or more of its functions on its behalf.
- Sub-paragraph (3) sets out that regulations may also include a provision requiring the enforcement authority to develop guidance relating to its enforcement activities.
Monitoring compliance
- Paragraph 9 sets out that regulations may include provisions on compliance with the regulations. This includes provisions which confer the function of monitoring compliance with resource efficiency information requirements onto an enforcement authority.
Records and information
- Paragraph 10 sets out that regulations may include provision on records and information relevant to monitoring the enforcement of these measures. These may require persons who have obligations to keep records and provide them to an enforcement authority if needed. The regulations may also provide that the enforcement authority makes reports or provides information about their enforcement activity to the relevant national authority.
Powers of entry etc
- Paragraph 11 sets out that regulations may confer on enforcement authorities powers of entry, inspection, examination, search and seizure. Regulations may make provision that such powers are only exercisable under the authority of a warrant, issued by a justice of the peace, sheriff, summary sheriff or lay magistrate. Regulations may also make provision about how applications for and the execution of warrants may be made. Regulations must provide that where powers are conferred to either enter premises by force, enter a private dwelling without the consent of the occupier; or search and seize material, the authority of a warrant must be obtained.
Sanctions
- Paragraph 12 enables regulations to include provision for the imposition of civil sanctions or creating criminal offences.
- Sub-paragraph (1)(a) sets out that regulations may provide for the imposition of civil sanctions in the following circumstances:
- for failure to comply with any of the requirements under Parts 1 and 2 of these regulations; or
- where there has been an obstruction of or failure to assist a person carrying out enforcement functions.
- Sub-paragraph (1)(b) sets out that regulations may also include provision on appeals against such sanctions.
- Sub-paragraph (2) sets out that regulations may include provision on creating criminal offences punishable with a fine under the following circumstances:
- in respect of failures to comply with civil sanctions imposed under Part 2 of this schedule; or
- where there has been the obstruction of, or failure to assist, an enforcement authority when they are carrying out their functions.
- Sub-paragraph (3) defines "civil sanction" as a sanction of a kind referred to in Part 3 of the Regulatory Enforcement and Sanctions Act 2008 ("the 2008 Act") – that is, a fixed monetary penalty, discretionary requirement, stop notice or enforcement undertaking.
- Sub-paragraph (4) outlines that regulations may include provision for the imposition of sanctions of that kind, whether or not the conduct in respect of which the sanction is imposed is an offence, or the enforcement authority is a regulator for the purposes of Part 3 of the 2008 Act, or the relevant national authority may make provision for the imposition of sanctions under that Part.
Costs
- Paragraph 13(a) sets out that regulations may include provision requiring persons subject to resource efficiency requirements to pay costs incurred by an enforcement authority in administering and enforcing those requirements. This power could be used, for example, to enable an enforcement authority to charge a manufacturer or supplier its costs of testing a product which fails to comply with resource efficiency requirements.
- Sub-paragraph (b) provides that regulations may authorise a court or tribunal to award costs incurred by the enforcement authority.
Consultation requirement
- Paragraph 14 requires the relevant national authority to consult before making enforcement regulations. This the consultation met by a consultation before paragraph 14 comes into force.
