2020 No. 1390 (W. 308)

Environmental Protection, Wales

The Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020

Made1 December 2020

Laid before Senedd Cymru3 December 2020

Coming into force1 January 2021

The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 93(1) and (8) and 94(1)(b), (c) and (d) and (7) of the Environment Act 1995 (“the Act”)1.

The Welsh Ministers have consulted in accordance with section 93(2) of the Act and are satisfied as to the matters specified in section 93(6).

Title, commencement and application1.

(1)

The title of these Regulations is the Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020 and they come into force on 1 January 2021.

(2)

These Regulations apply in relation to Wales.

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

(1)

The Producer Responsibility Obligations (Packaging Waste) Regulations 20072 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)

in the definition of “recovery” omit the words from “and for the purposes of” to the end;

(e)

omit the definition of “recovery and recycling obligations”;

(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”, in every place that it occurs, substitute “recycle”.

(7)

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

(8)

In regulation 22(2)—

(a)

in sub-paragraph (a) omit “respectively for recovery 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”, in both places it occurs, substitute “recycling”.

(10)

In Schedule 2—

(a)

in the heading omit “Recovery and”;

(b)

in paragraph 1(1)—

(i)

in the words before sub-paragraph (a)—

(aa)

after “allocation method”, insert “and subject to paragraph 1A,”;

(bb)

omit “recover and”;

(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 that 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 producer’s 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 2Recycling targets
Materials
2021
2022
Glass
81
82
Plastic
59
61
Aluminium
66
69
Steel
86
87
Paper/Board
79
83
Wood
35
35”;

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) omit “is to be recovered through the scheme and by which it”.

(12)

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

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

1 December 2020

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) in relation to Wales. Those Regulations impose on producers the obligation to recover and recycle packaging waste in order to attain the recovery and recycling targets set out in Article 6(1) of European Parliament and Council Directive 94/62/EC on packaging and packaging waste (OJ No L 365, 31.12.94, p. 10).

These Regulations replace the EU recovery and recycling targets with recycling targets on producers. They also vary the material specific recycling targets on obligated producers for paper, plastic, glass, aluminium, steel and wood as well as the specific re-melt target for glass. The recycling allocation for small producers for 2018 to 2020 is changed for 2021 and 2022.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Resource Efficiency and Circular Economy Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.