This Statutory Instrument has been laid in consequence of a defect in S.I. 2012/3082 and is being issued free of charge to all known recipients of that Statutory Instrument.

2013 No. 1857

Environmental Protection

The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2013

Made

Coming into force in accordance with regulation 1(b)

These Regulations are made by the Secretary of State as respects England, Scotland1 and Wales2 in exercise of the powers conferred by section 2(2) of the European Communities Act 19723 and sections 93 to 95 of the Environment Act 19954.

These Regulations implement Article 6(1) of European Parliament and Council Directive 94/62/EC on packaging and packaging waste5 (“Packaging Waste Directive”) and section 93(3)(a) of the Environment Act 1995 applies.

The Secretary of State makes these Regulations—

a

after consultation in accordance with section 93(2) of the Environment Act 1995;

b

having regard to the matters specified in section 93(6), as required by section 93(5) of that Act; and

c

in accordance with the duty in section 93(7) of that Act.

A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with paragraph 2 of Schedule 2 to the European Communities Act 1972 and section 93(10) of the Environment Act 1995.

Citation and commencement1

These Regulations—

a

may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2013; and

b

come into force on the day after the day on which they are made.

Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 20072

1

Schedule 2 to the Producer Responsibility Obligations (Packaging Waste) Regulations 20076 is amended as follows.

2

In paragraph 3(4) —

a

for “L x B x W = G” substitute “L x B x Y x W = G”; and

b

after the definition of “B” insert—

“Y” is the percentage prescribed in paragraph 6 as the recycling target in respect of glass in relation to the relevant year;

de MauleyParliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (S.I. 2007/871) (the “2007 Regulations”), which implement Article 6(1) of the European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ No L 365, 31.12.1994, p 10). The 2007 Regulations, in particular provisions in Schedule 2 to those Regulations, were amended by the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012 (S.I. 2012/3082) (the “2012 Regulations”).

Regulation 2 amends paragraph 3(4) of Schedule 2 to the 2007 Regulations (as inserted by the 2012 Regulations) by substituting an amended formula for the calculation of the amount of glass packaging waste that a producer must recycle by re-melt. The amended formula ensures that the glass re-melt target is applied to a producer’s glass recycling obligation.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ No L 24, 21.7.1998, p 37).

A full impact assessment was prepared for the 2012 Regulations; no separate assessment has been carried out for this instrument as no further impact on the private, voluntary or public sectors is foreseen.