2020 No. 1390 (W. 308)
The Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020
Made
Laid before Senedd Cymru
Coming into force
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
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).
(This note is not part of the Regulations)