| Statutory Rules of Northern Ireland 1999 No. 115 The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 1999 - continued |
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1. - (1) For the purposes of Column 1 in the Table -
(ii) convertor, (iii) packer/filler, (iv) importer, (v) wholesaler, or (vi) seller,
either himself or through an agent acting on his behalf, and in the course of business;
(2) Where a person performs the functions of a convertor and a packer/filler at the same time, and as part of the same packing/filling process, and in relation to the same packaging, as regards supplies of packaging or packaging materials made to or by him in connection with those functions, or that process, he is treated for the purposes of these regulations as a producer of the class of packer/filler only.
(b) "Class B supply" means a supply, other than solely for the purpose of transport, to a person who acts as a distributor, that is to say who, in relation to the packaging or packaging material supplied, neither performed the functions of one of the classes of producer, nor was the user or consumer; (c) "Class C supply" means a supply, other than a Class F supply, to a person for the application by that person of a relevant function other than that of an importer; (d) "Class D supply" means a supply to a seller who, at the time of supply, was not a producer; (e) "Class E supply" means a supply, other than a supply of transit packaging in respect of which a Class F supply has already been made, to a user or consumer other than a person who performed a relevant function; (f) "Class F supply" means a supply -
(ii) to a user or consumer, or (iii) to a person who acts as a distributor,
using the transit packaging supplied to perform the functions of a packer/filler and seller; and
(ii) providing in exchange for any consideration (including trading stamps within the meaning of section 9 of the Trading Stamps Act (Northern Ireland) 1965[7] other than money, (iii) providing in or in connection with the performance of any statutory function, or (iv) giving as a prize or otherwise making a gift,
and "deemed supply" means a supply which is deemed to occur when a person who has carried out a relevant function then performs another such function to the same packaging or packaging materials.
3.
A person satisfies the threshold tests if -
(ii) where the obligation year is the year 2000 or any subsequent year, in the last financial year in respect of which audited accounts are available before the relevant date, was more than £1,000,000; and
(b) in the calculation year the person handled in aggregate more than 50 tonnes of packaging or packaging materials.
4.
- (1) For the purposes of paragraph 3 -
(ii) in any other case has the meaning given in Article 231(4) of the Companies Order (Northern Ireland) 1986, but as if the reference there to an undertaking were a reference to that person;
(b) "obligation year" means a year in respect of which it is being considered whether a person is a producer and "calculation year" means a year immediately before an obligation year;
(ii) subject to sub-paragraph (iii), where the obligation year is 2000 or any subsequent year, 1st April in the year, and (iii) where an application for registration is made in a circumstance set out in regulation 6(3), or as required by paragraph 11 of Schedule 10, the date of the application;
(d) a persons "turnover" means his turnover as defined in Article 270(1) of the Companies (Northern Ireland) Order 1986 but as if the references to a company were references to that person; and
(2) For the purposes of paragraph 3, and Schedule 2, the amount of packaging or packaging materials handled is the amount in respect of which the producer made a supply referred to in Column 3 of the Table, other than a Class A supply, calculated in tonnes to the nearest tonne by -
(b) excluding -
(ii) production residues, and (iii) reused packaging.
1. A producer's obligations to recover and recycle packaging waste in a relevant year are, in relation to each class of producer to which he belongs -
(b) to recover by recycling a proportion of that packaging waste, as provided in paragraph 2(2); and (c) as part of the obligation to recover packaging waste as provided in sub-paragraph (a), to recover by recycling an amount of packaging materials which is packaging waste, as provided in paragraph 2(3),
and are calculated by aggregating his obligations in relation to each class of producer to which he belongs in respect of that year.
(2) The proportion of the packaging waste referred to in sub-paragraph (1) which is to be recovered by recycling is, for the year 2001 and subsequent years, in relation to a class of producer to which the producer belongs, not less than 50% of the amount by tonnage of packaging waste represented by "Z" in sub-paragraph (1).
3.
- (1) The following percentages are prescribed as the percentages for the following classes of producer -
(b) convertor 11%; (c) packer/filler 36%; (d) seller or wholesaler 47%; and (e) secondary provider 83%.
(2) The following percentages are prescribed for the class of importer -
(ii) on Class B supplies, where the relevant packaging or packaging materials are supplied, by the distributor who receives them, to a convertor, and (iii) on Class C supplies to a convertor;
(b) the manufacturer's and the convertor's percentages aggregated, that is6% & 11% & 17% -
(ii) on Class B supplies, where the relevant packaging or packaging materials are supplied, by the distributor who receives them, to a packer/filler, and (iii) on Class C supplies to a packer/filler;
(c) the manufacturer's, the convertor's and packer/filler's percentages aggregated, that is 6% + 11% + 36% = 53% -
(ii) on Class B supplies, where the relevant packaging or packaging materials are supplied, by the distributor who receives them, to a seller, and (iii) on Class C supplies to a seller; and
(d) the manufacturer's, the convertor's, packer/filler's and the seller's percentages aggregated, that is 6% + 11% + 36% + 47% = 100% -
(ii) on Class A supplies, where the importer is also the final user or consumer.
4.
The following is prescribed as the recovery target "X" -
(b) for any subsequent year, 52%.
5.
The following is prescribed as the recycling target "Y" -
(b) for any subsequent year, 16%.
6.
- (1) In this Schedule -
(ii) aluminium, (iii) steel, (iv) paper/fibreboard, or (v) plastic;
(b) for the purposes of paragraph 2(1), and for the year 2000 and subsequent years, "packaging materials" means any of the materials referred to in sub-paragraph (a) together with wood and other packaging materials; and
(2) For the purposes of sub-paragraph (1), packaging materials composed of a combination of the materials there referred to are to be treated as made of the material which is predominant by weight. Article 1 1. "Waste" shall mean any substance or object in the categories set out in Annex 1 which the holder discards or intends or is required to discard. Annex 1 CATEGORIES OF WASTE Q1. production or consumption residues not otherwise specified below; Q2. off-specification products; Q3. products whose date for appropriate use has expired; Q4. materials spilled, lost or having undergone other mishap, including any materials, equipment, etc. contaminated as a result of the mishap; Q5. materials contaminated or soiled as a result of planned actions (for example, residues from cleaning operations, packing materials, containers, etc.); Q6. unusable parts (for example, reject batteries, exhausted catalysts, etc.); Q7. substances which no longer perform satisfactorily (for example, contaminated acids, contaminated solvents, exhausted tempering salts, etc.); Q8. residues of industrial processes (for example, slags, still bottoms, etc.); Q9. residues from pollution abatement processes (for example, scrubber sludges, baghouse dusts, spent filters, etc.); Q10. machining/finishing residues (for example, lathe turnings, mill scales, etc.); Q11. residues from raw materials extraction and processing (for example, mining residues, oil filed slops, etc.); Q12. adultered materials (for example, oils contaminated with polychlorinated biphenyls, etc.); Q13. any materials, substances or products whose use has been banned by law; Q14. products for which the holder has no further use (for example, agricultural, household, office, commercial and shop discards, etc.); Q15. contaminated materials, substances or products resulting from remedial action with respect to land; and Q16. any materials, substances or products which are not contained in the above categories. Regulation 2 2. This Part is intended to list recovery operations as they are carried out in practice; in accordance with Article 4 of the Waste Directive, waste must be recovered without endangering human health and without the use of processes or methods likely to harm the environment - R1. solvent reclamation/regeneration; R2. recycling/reclamation of organic substances which are not used as solvents; R3. recycling/reclamation of metals and metal compounds; R4. recycling/reclamation of other inorganic materials; R5. regeneration of acids or bases; R6. recovery of components used for pollution abatements; R7. recovery of components from catalysts; R8. oil re-fining or other re-uses of oil; R9. use principally as a fuel or other means to generate energy; R10. spreading on land resulting in benefit to agriculture or ecological improvement, including composting and other biological transformation processes, except in the case of waste excluded under Article 2(1)(b)(iii), of the Waste Directive; R11. use of wastes obtained from any of the operations numbered R1-R10; R12. exchange of wastes for submission of any of the operations numbered R1-R11; and R13. storage of materials intended for submission to any operation in this Part, excluding temporary storage, pending collection, on the site where it is produced. Regulation 4(4) 3. A special producer is a producer who in the preceding year handled -
(ii) likely to have been used to contain or used in connection with the containment of such waste; or
(b) packaging which is a package within the meaning given in regulation 2 of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations (Northern Ireland) 1997[10] and which in his reasonable opinion was likely to be subject to the requirements of regulations 8 to 10 of those regulations (particulars to be shown on packages containing dangerous goods) other than any package referred to in regulation 8(5) of those Regulations.
Regulation 4(4) 4. For the purposes of the provision of further information by a special producer under paragraphs (4) or (8) of regulation 6, if applicable, and 8, such information shall only be in respect of packaging or packaging materials other than packaging referred to in Part III. 5. For the purposes of the calculation of the recovery and recycling obligations of a special producer, Schedule 2 shall apply and item "P" in that Schedule shall be the amount by tonnage of packaging and packaging materials handled by the producer in the preceding year other than packaging referred to in Part III. Regulation 4(4) 6. A special producer shall, in relation to any relevant year -
(b) in addition to any records and returns he is required to make under regulation 22 maintain for at least four years after the record is made, records of the information referred to in paragraph 7 in respect of each relevant year, and shall make a return to the Department of that information on or before 31st January in the year immediately following the relevant year.
7.
The information is -
(b) the amount in tonnes to the nearest tonne of the packaging referred to in sub-paragraph (a) which was the packaging referred to in Part III; and (c) any steps taken by the producer to promote or increase the recovery of the packaging referred to in sub-paragraph (b) when it becomes waste.
8.
In relation to a special producer the reference in regulation 7(c) to regulation 22 shall be read as a reference to regulation 22 and this Part. 1. The address and telephone number of the registered office of the producer or, if not a company, the principal place of business of the producer. 2. The business name of the producer if different from that referred to in paragraph 1. 3. The address for service of notices on the producer if different from that referred to in paragraph 1. Regulations 6, 8, 12 and 14 Reference Number: Please complete in black ink. 'Producers' are obligated businesses, that is companies, partnerships, sole traders etc. As indicated below part of the form are optional but will assist in any future review of your sector's obligations. Please supply DATA IN METRIC TONNES and for Previous Year Section 1 Name of Business: Address of registered office or principal place of business: Post Code: Telephone number: Fax number: Name and position of Contact: Where a group registration, name of group to which companies belong, if any: Tick main activity performed with regard to packaging:
* Wholesalers who perform no other activity are obliged with effect from 1st January 2000 only. Section 2 1. In accordance with regulations 6(7) and 12(7) you are required in 1999 to give reasonable estimates in tonnes per annum and in subsequent years to give information which is as accurate as reasonably possible in terms of the activities and materials set out in the following tables. You should attach a short description of how the data was obtained (Section 4). Tables 1-5 are (where applicable) required under regulations 6 and 12. Tables 6-8 are optional but will assist in any future review of your sector's obligations. 2. Schedule 1 paragraph 2(f) and Schedule 2 paragraph 3(1)(e) apply on obligations of 83% to transit or "secondary provider" packaging. This is the sum of the packer/filler and seller obligations on the transit packaging you use to pack and sell goods to customers (36% + 47% 4 83%). Transit packaging should therefore be included in Tables 1 and 2a according to the activities performed on it. 3. Imports carry a cumulative or "rolled up" obligation depending on the stage at which they are imported (see Schedules 1 and 2). 4. Composite packaging should be included according to the predominant material by total weight. 5. Where an entry amounts to less than 1 tonne, it does not need to be recorded separately but should be aggregated with the principal packaging material handled by the business. 6. In calculating tonnages of packaging handled you may use your information or any ready reckoner or guidance published by or in association with the Department. Table 1: Packaging/Packaging Materials Supplied
Table 2(a): [Where applicable] Packaging/Packaging Materials exported by the Producer
Table 2(b): [Where applicable and if known] Packaging/Packaging Materials exported by a Third Party
Table 3: [Where applicable] Tonnage of Packaging/Packaging Materials imported for the purpose of the named activity
As of 1st January 2000 and in subsequent years (see below for 1999), you will be required to calculate and declare your obligation to recover and recycle, and fill in Table 4 below. It Shows your obligation, it is for the current year and is based on data from the previous year. Summary Table 4: Statement of Obligations
Section 3 Table 5 Optional: Re-use You do not have to answer this question, but if you can, please note below the tonnage of reused packaging excluded by material.
Table 6 Optional: Composites You do not have to answer this question, but if you can, please note the tonnage of packaging included in your obligated tonnages that was composite packaging, for each material
Table 7 Optional IN 1999 ONLY: please provide an assessment of your levels of recovery and recycling (by material) of packaging waste in the year 1998:
Section 4 Basis of Assessment How did you arrive at this assessment? Data from your own systems? Data from a Materials Organisation, from a Trade Association or Guidance from the Department of the Environment? Data from your suppliers? Other source? - please specify, using a separate sheet if necessary. Please return completed form by [ ] 1999 to the Department. Regulations 12(3)(b) and 31(2) 4. The name of the scheme. 5. The name of the operator, and where the operator is a partnership, the names of all the partners. 6. The address and telephone number of the registered office of the operator or, if not a company, the principal place of business of the operator, and, if more than one, all the operators. 7. The address for service of notices if different from that referred to in paragraph 6. 8. The names and addresses of the registered offices, or, if not companies, the principal places of business, of the schemes members. 9. Full particulars of the agreement for the constitution of the scheme including any rules or regulations to be observed by its members. Regulations 12(3)(d) and (e) 10. The matters to be contained in the statement with regard to the schemes policies referred to in regulation 12(3)(d) are -
(b) the principal methods by which packaging waste is to be recovered and recycled through the scheme, together with information about the steps the user or consumer may take to assist the scheme in applying these methods.
11.
The matters to be contained in the schemes operational plan referred to in regulation 12(3)(e) are matters which demonstrate -
(b) that the arrangements for recovery and recycling through a scheme take account of any statement which, where the scheme is to be registered with the Department, contains the Department's policies in relation to the recovery and disposal of waste in Northern Ireland, and which is made under Article 19 of the Waste and Contaminated Land (Northern Ireland) Order 1997[11]; (c) that there are arrangements in place to enable the operator to supply further information as required under regulation 14; (d) how the recovery and recycling obligations of its members referred to in regulation 4(1)(b) will be performed as regards each of the packaging materials relevant to those obligations including -
(ii) the names of any district councils from whom packaging waste is intended to be obtained, (iii) the proportions in which the packaging waste which is to be recovered and recycled is to be obtained from the waste of a producer who is a member of the scheme, other industrial or commercial waste, household waste or other waste, (iv) the amounts to the nearest tonne of packaging waste it is proposed to recover in the three years immediately following registration, and (v) the amounts to the nearest tonne of each such packaging material which it is proposed to recycle in the three years immediately following registration; and
(e) the steps it is proposed to take to recover and recycle any of the packaging materials relevant to the recovery and recycling obligations of the schemes members in order not to adversely affect the interests of any member of the scheme, or any other producer, whose recovery and recycling obligations are predominantly in relation to another such packaging material.
12.
For the purposes of paragraph 11(d)(iii) "household waste", "industrial waste" and "commercial waste" shall have the same meaning as in Article 2(2) of the Waste and Contaminated Land (Northern Ireland) Order 1997. Notes: [7] 1965 c. 6 (N.I.)back [8] S.I. 1986/1032 (N.I. 6) as amended by S.I. 1990/593 (N.I. 5) Articles 5, 13 and 24back [11] S.I. 1997/2778 (N.I. 19)back
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