The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012

• Citation: S.I. 2012/3082
• Sections: 5

Section 1 Citation, commencement and extent

(1) These Regulations—

(a) may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012; and

(b) come into force on the day after the day on which they are made.

(2) Regulation 3 extends to England and Wales only.

Section 2 Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 are amended in accordance with regulations 3 and 4.

Section 3 New Part 11

After Part 10 (revocation and transitional provision) insert—

Review

Review

(42)

(1) The Secretary of State must from time to time—

(a) carry out a review of regulations 2 to 40 in relation to England and Wales;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Article 6(1) of the Packaging Waste Directive (which is implemented by means of regulations 2 to 40), as amended from time to time, is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by regulations 2 to 40;

(b) assess the extent to which the objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 1st July 2017.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Section 4 Amendment of Schedule 2 (recovery and recycling obligations)

(1) Schedule 2 is amended as follows.

(2) In paragraph 1(1)—

(a) after paragraph (b) omit “and”;

(b) after paragraph (c) insert—

and

(d) in relation to glass, to recycle by re-melt an amount of glass packaging which is glass packaging waste, as provided in paragraph 3(4),

(3) In paragraph 3(2), for “2010 to 2012” substitute “2012 to 2017”.

(4) After paragraph 3(3) insert—

(4) Where in the preceding year the producer has handled any glass (whether in the form of packaging or packaging materials), the producer shall recycle by re-melt an amount of glass packaging waste calculated as follows—

where—

“L” is the amount to the nearest tonne of the glass (whether in the form of packaging or packaging materials) handled in Great Britain by the producer in the preceding year;

“B” is the percentage prescribed in paragraph 4 in relation to the class of producer;

“W” is the percentage prescribed in paragraph 6A as the recycling by re-melt target for the relevant year; and

“G” is the amount by tonnage of glass packaging waste which is to be recycled by re-melt in the relevant year.

(5) For paragraph 5 substitute—

(5) The following is prescribed as the recovery target “X”—

(a) for the year 2012, 74%;

(b) for the year 2013, 75%;

(c) for the year 2014, 76%;

(d) for the year 2015, 77%;

(e) for the year 2016, 78%;

(f) for the year 2017, 79%.

(6) In paragraph 6, for Table 2 substitute—

(7) After paragraph 6 insert—

(6A) The following percentages are prescribed as the recycling by re-melt target “W” in relation to the years indicated in the first column—

(8) For paragraph 8 substitute—

(8) The recycling allocation “B” is as follows—

(a) 29 for the year 2012;

(b) 30 for each of the years 2013 to 2017.

(9) After paragraph 10 insert—

(11) For the purposes of this Schedule, “recycling by re-melt” means the recycling of waste glass packaging or packaging materials using a method that melts the glass before it is re-formed into a product.

Section 5 Amendment of the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010

In the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 omit paragraphs (4) to (6) of regulation 17.