EXTENDS
The Producer Responsibility Obligations (Packaging Waste) Regulations 2005

The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 (Memo)

EXPLANATORY MEMORANDUM TO THE PRODUCER RESPONSIBILITY OBLIGATIONS (PACKAGING WASTE) REGULATIONS 2005 No. 3468

EXPLANATORY MEMORANDUM TO

THE PRODUCER RESPONSIBILITY OBLIGATIONS (PACKAGING WASTE) REGULATIONS 2005

2005 No. 3468

1. This explanatory memorandum has been prepared by the Department for Environment Food and Rural Affairs and is laid before Parliament by Command of Her Majesty.

This memorandum contains information for the Joint Committee on Statutory Instruments.

2. Description

2.1 Three consultations were undertaken in 2005 on: timing of applications for accreditation as a reprocessor or exporter in 2005; measures to increase the level of obligated tonnage; and meeting Directive targets in 2008. This instrument therefore amends the current legislation as a result of consultation and consolidates the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 S.I. 1997/648 ("the 1997 Regulations") with the subsequent amending statutory instruments as a simplification measure for better regulation.

3. Matters of special interest to the Joint Committee on Statutory Instruments

3.1 The Producer Responsibility Obligations (Packaging Waste) Regulations 2005 ("the 2005 Regulations") are not new, but a consolidation of the 1997 Regulations with the subsequent amending statutory instruments (see paragraph 4.1). Changes resulting from the 3 consultations this year are being made to the Regulations at the same time.

4. Legislative Background

4.1 The 2005 Regulations consolidate the 1997 Regulations and the amending statutory instruments from 1999, 2000, 2002, 2003 and 2005 (see Annex 1 for further details).

4.2 The 2005 Regulations are made under the 'producer responsibility' powers in sections 93-95 of the Environment Act 1995 and section 2(2) of the European Communities Act 1972. Section 2(2) of the European Communities Act was used in 1999 (SI 1999/3447) to transpose part of Article 13 (information for users of packaging) of the Directive. A regulation was inserted into the 1997 Regulations to provide for the Secretary of State (now the "appropriate authority" in the 2005 Regulations) ensuring that users of packaging obtain the information about the matters that are set out in Article 13 of the Directive. This provision accompanied a requirement on certain producers to inform consumers about these matters. Under section 93(2) of the Environment Act 1995 there is a statutory requirement to consult with stakeholders that are likely to be affected by the Regulations. There were public consultations before the 1997 Regulations were made and also before all of the subsequent amendments were made. As mentioned above, this piece of legislation also includes changes, which have been made following public consultations this year.

4.3 The 2005 Regulations will implement the requirements of Council Directive 94/62/EC on packaging and packaging waste as amended by Council Regulation (EC) No 1882/2003, Council Directive 2004/12/EC and Council Directive 2005/20/EC ("the Directive"). The Directive sets new packaging recovery and recycling targets for Member States to meet by 31 December 2008. The requirements of the Directive will have been transposed once the 2005 Regulations are in force. A transposition note is attached as Annex 2.

5. Extent

5.1 The 2005 Regulations extend to Great Britain.

6. European Convention on Human Rights

6.1 The Minister for Local Environment, Marine and Animal Welfare has made the following statement regarding Human Rights:

In our view the provisions of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 are compatible with the European Convention on Human Rights.

7. Policy background

7.1 The Directive came into force in 1994. It aims to harmonise the management of packaging waste and prevent or reduce the impact of packaging and packaging waste on the environment by setting recovery and recycling targets whilst avoiding obstacles to trade and the distortion and restriction of competition within the Community.

7.2 Packaging Directive (2004/12/EC) amending the Directive was published last year and set recovery and recycling targets to be met by December 2008. The new targets are:

Minimum recovery 60%

Recycling 55% - 80%

Differentiated material-specific recycling targets of: Glass 60%

Paper/board 60%

Metals 50%

Plastics 22.5%

Wood 15%

7.3 The Directive was originally implemented by (i) the 1997 Regulations (as amended); and (ii) by the Packaging (Essential Requirements) Regulations 2003 (as amended).

7.4 The 2005 Regulations set annual business targets for recovery and recycling of packaging waste designed to enable the UK to meet the Directive targets. Any business handling more than 50 tonnes of packaging and with a turnover of more than 2 million is obligated if it is involved in manufacturing raw materials for packaging;

converting materials into packaging; filling packaging; selling packaging to the final user, leasing out pack...

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