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Statutory Instruments

2007 No. 871

environmental protection

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007

Made

15th March 2007

Coming into force in accordance with regulation 1(1)

Arrangement of Regulations

Go to Preamble

  1. PART I

    GENERAL

    1. 1. Citation, commencement and extent

    2. 2. Interpretation and notices

    3. 3. Exclusion of charities from producer responsibility obligations

  2. PART II

    PRODUCERS AND OBLIGATIONS

    1. 4. Producers and producer responsibility obligations

    2. 5. Producers and Scheme membership

  3. PART III

    REGISTRATION: PRODUCERS AND SCHEMES

    1. 6. Producer registration obligation

    2. 7. Application for producer registration

    3. 8. Conditions of registration of a producer

    4. 9. Forms and fees for producer registration

    5. 10. Refusal to register producers

    6. 11. Cancellation of registration of producers

    7. 12. Schemes: general provisions

    8. 13. Application for approval of a scheme

    9. 14. Application for registration of a scheme

    10. 15. Conditions of registration of a scheme

    11. 16. Forms and fees for registration of a scheme

    12. 17. Refusal to register a scheme

    13. 18. Cancellation of registration of a scheme

    14. 19. Information provided to scheme operators

  4. PART IV

    RECORDS, RETURNS AND CERTIFICATE

    1. 20. Producers—records and returns

    2. 21. Producers—certifying obligation

    3. 22. Schemes—records and returns

  5. PART V

    ACCREDITATION OF REPROCESSORS AND EXPORTERS

    1. 23. Requirement for accreditation

    2. 24. Application for accreditation

    3. 25. Conditions of accreditation

    4. 26. Suspension and cancellation of accreditation

  6. PART VI

    APPEALS

    1. 27. Right of appeal

    2. 28. Procedure on appeals

    3. 29. Determination of appeals

    4. 30. Status pending appeal

  7. PART VII

    AGENCIES’ POWERS & DUTIES

    1. 31. Monitoring

    2. 32. Monitoring—publication

    3. 33. Public register

    4. 34. Approval of persons to issue certificates of compliance

    5. 35. Entry and inspection

    6. 36. Collation and provision of information

  8. PART VIII

    GROUPS OF COMPANIES, PUB OPERATING BUSINESSES AND LICENSORS AND MID-YEAR CHANGES

    1. 37. Packaging handled by groups of companies

    2. 38. Packaging handled by licensors and pub operating businesses

    3. 39. Mid-year changes

  9. PART IX

    OFFENCES

    1. 40. Offences and penalties

  10. PART X

    REVOCATION AND TRANSITIONAL PROVISION

    1. 41. Revocation and transitional provision

    1. SCHEDULE 1

      PRODUCERS

    2. SCHEDULE 2

      RECOVERY AND RECYCLING OBLIGATIONS

    3. SCHEDULE 3

      INFORMATION

      1. PART I

        INFORMATION TO BE CONTAINED IN APPLICATION FOR PRODUCER REGISTRATION

      2. PART II

        INFORMATION TO BE INCLUDED IN AN APPLICATION FOR REGISTRATION OF A SCHEME

      3. PART III

        STATEMENT OF THE SCHEME’S POLICIES AND THE OPERATIONAL PLANS OF SCHEMES AND PRODUCERS

    4. SCHEDULE 4

      INFORMATION IN CERTIFICATE OF COMPLIANCE

    5. SCHEDULE 5

      CONDITIONS OF ACCREDITATION

    6. SCHEDULE 6

      PROCEDURE ON APPEALS

    7. SCHEDULE 7

      PUBLIC REGISTER

    8. SCHEDULE 8

      GROUPS OF COMPANIES

    9. SCHEDULE 9

      LICENSORS AND PUB OPERATING BUSINESSES

    10. SCHEDULE 10

      MID-YEAR CHANGES

      1. PART 1

        SCHEME MEMBERSHIP

      2. PART II

        GROUP MEMBERSHIP

      3. PART III

        INCAPACITY

Go to Explanatory Note

These Regulations are made by the Secretary of State for Environment, Food and Rural Affairs as respects England, Scotland(1) and Wales(2) in exercise of the powers conferred upon him by section 2(2) of the European Communities Act 1972(3) and sections 93 - 95 of the Environment Act 1995(4).

These Regulations implement Article 6(1) of Council Directive 94/62/EC on packaging and packaging waste.

The Secretary of State for Environment, Food and Rural Affairs is designated(5) for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste.

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 Environment Act 1995.

Accordingly, after consultation in accordance with section 93(2) of the Environment Act 1995, and after having regard to the matters specified in section 93(6) of that Act as required by section 93(5) of that Act, the Secretary of State for Environment, Food and Rural Affairs makes the following Regulations:

(1)

Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by him as regards Scotland. Back [1]

(2)

Under paragraph 5 of Schedule 3 of the Government of Wales Act 1998 (c. 38), despite the transfer of the relevant functions of the Secretary of State so far as they are exercisable in relation to Wales to the National Assembly for Wales by virtue of Article 2 and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672), the function of the Secretary of State in relation to implementing obligations under Community law continues to be exercisable by him as regards Wales. Back [2]

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