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Statutory Rules of Northern Ireland

2007 No. 198

PUBLIC HEALTH

The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

Made

23rd March 2007

Coming into operation

5th April 2007

Contents

Go to Preamble

  1. PART 1

    GENERAL

    1. 1. Citation and commencement

    2. 2. Interpretation and notices

    3. 3. Exclusion of charities from producer responsibility obligations

  2. PART 2

    PRODUCERS AND OBLIGATIONS

    1. 4. Producers and producer responsibility obligations

    2. 5. Producers and Scheme membership

  3. PART 3

    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 4

    RECORDS, RETURNS AND CERTIFICATE

    1. 20. Producers – records and returns

    2. 21. Producers – certifying obligation

    3. 22. Schemes – records and returns

  5. PART 5

    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 6

    APPEALS

    1. 27. Right of appeal

    2. 28. Procedure on appeals

    3. 29. Determination of appeals

    4. 30. Status pending appeal

  7. PART 7

    POWERS AND DUTIES OF THE DEPARTMENT

    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. Provision of information to the Department

  8. PART 8

    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 9

    OFFENCES

    1. 40. Offences and penalties

  10. PART 10

    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

      SUPPLEMENTAL PROVISIONS WITH REGARD TO POWERS OF ENTRY

    9. SCHEDULE 9

      GROUPS OF COMPANIES

    10. SCHEDULE 10

      LICENSORS AND PUB OPERATING BUSINESSES

    11. SCHEDULE 11

      MID-YEAR CHANGES

      1. PART 1

        SCHEME MEMBERSHIP

      2. PART II

        GROUP MEMBERSHIP

      3. PART III

        INCAPACITY

Go to Explanatory Note

The Department of the Environment makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and Articles 3-5 of the Producer Responsibility Obligations (Northern Ireland) Order 1998(2).

These Regulations are made for the implementation of Article 6(1) of Council Directive 94/62/EC on packaging and packaging waste.

The Department of the Environment was designated(3) 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.

Accordingly, after consultation in accordance with Article 3(2) of the Producer Responsibility Obligations (Northern Ireland) Order 1998, and being satisfied as to the matters specified in Article 3(6) of that Order as required by Article 3(5) of that Order, the Department makes the following Regulations:

(2)

S.I. 1998/1762 (N.I. 16) Back [2]

(3)

The Department was designated under the European Communities (Designation) Order 1996 under Article 2 and the Schedule (S.I. 1996/266). Back [3]

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