|Made||11th March 2004|
|Coming into operation||5th April 2004|
and packaging materials composed of a combination of any of those materials are to be treated as made of the material which is predominant by weight;";
(2) In regulation 2(2) for "undertaking" there shall be substituted "condition".
(3) In regulation 2(3)(a) for "17(3), 31(5) and (10)" there shall be substituted "and 17(3)".
Amendment of Part II (Producers and Obligations)
4. - (1) In regulation 3 (producers and producer responsibility obligations) -
(2) In regulation 4 (exclusions and limitations), paragraph (4) shall be omitted.
Amendment of Part III (Registration)
5. - (1) In regulation 5 (producer registration obligation), "4(3) and (4)," shall be omitted.
(2) In regulation 6 (application for producer registration) -
(i) in paragraph (4)(dd) -
(j) at the end of paragraph (5)(a) "and" shall be inserted;
(k) at the end of paragraph (5)(b) "and" shall be omitted;
(l) paragraph (5)(c) shall be omitted; and
(m) for paragraph (7) there shall be substituted -
(3) For regulation 7 (Requirements for producer registration) there shall be substituted -
within 28 days of the occurrence of any such change;
(b) provide records and returns to the Department as required by regulation 22;
(c) apply to the Department to cancel his registration where he has become a member of a registered scheme or has ceased to be a producer in respect of a year;
(d) comply with the operational plan submitted under regulation 6 or, if a revised plan has been submitted under paragraph (e), with the most recent version so submitted; and
(e) on or before 31st January in a relevant year, provide to the Department a revised version of the operational plan.".
(4) Regulation 8 (continuation of producer registration) shall be omitted.
(5) In regulation 9 (forms and fees for producer registration), for paragraph (2) there shall be substituted -
(b) on each resubmission of an application which is required by reason of its having failed to meet the requirements of regulation 6(4) or (7) on its previous submission, £220.".
(6) In regulation 11 (cancellation of registration of producers) -
(7) In regulation 12 (application for registration of a scheme) -
(f) at the beginning of paragraph (3)(e) there shall be inserted "on a first application for registration" and for "as provided in" there shall be substituted "complying with";
(g) paragraph (3)(f) shall be omitted;
(h) at the end of paragraph (3)(g) "and" shall be omitted;
(i) at the end of paragraph (3)(h) "and" shall be inserted;
(j) after paragraph (3)(h) there shall be inserted -
(k) after paragraph (4) there shall be inserted -
(b) be accompanied by the following documentation -
(4B) An application for approval of a scheme by the Department shall be granted where the Department is satisfied that the scheme is likely to subsist for a period of at least 5 years and will assist the objectives of the United Kingdom in relation to the recovery and recycling of packaging waste, and shall otherwise be refused.
(4C) A further application for approval in accordance with paragraph (4A) shall be made within 28 days of the occurrence of any of the following -
(4D) Where an application which is required by paragraph (4C) is not received by the due date, the Department may decide to withdraw approval of the scheme, and if it so decides shall serve written notice on the operator of the scheme of -
(4E) The Department shall consider any representations made before the notice takes effect by the operator of the scheme, and may withdraw the notice under paragraph (4D) at any time.";
(8) In regulation 13 (conditions of registration of a scheme) -
(b) in paragraph (d)(iv) for "regulations 12(3)(c) or 14" there shall be substituted "regulation 12(3)(c)";
(c) paragraph (e) shall be omitted;
(d) at the end of paragraph (f) "and" shall be omitted; and
(e) after paragraph (f) there shall be inserted -
(9) Regulation 14 (continuation of registration of a scheme) shall be omitted.
(10) In regulation 15 (forms and fees for registration of a scheme), for paragraph (2) there shall be substituted -
(b) in the case of an application which is received after 7th April in any year, £110; and
(c) on each resubmission of an application which is required by reason of its having failed to meet the requirements of regulation 12(3) and (7), on its previous submission, £220.".
(11) In regulation 17 (cancellation of registration of a scheme) -
(12) After regulation 17 there shall be inserted -
(2) A producer who provides to the operator of the scheme information to which this regulation applies shall -
Amendment of Part IV (Registration of Schemes - Appeals)
6. - (1) For the heading to Part IV, there shall be substituted "Appeals".
(2) For regulation 18 (right of appeal) there shall be substituted -
(2) The operator of the scheme may appeal to the Planning Appeals Commission against a decision of the Department -
(3) A reprocessor or exporter may appeal to the Planning Appeals Commission against a decision of the Department -
(3) In regulation 19 (procedure of appeals) -
(4) In regulation 21 (status pending appeal) for "regulation 17(1), the decision to cancel registration" there shall be substituted "regulations 11(1), 17(1) or 21D, the decision appealed against".
Insertion of new Part IVA (Accreditation of reprocessors and exporters)
7. After regulation 21 there shall be inserted -
(b) before 30th September in the year immediately prior to that for which the reprocessor or exporter wishes to be accredited, the latter being a year not earlier than the year 2005;
(c) on a form made available by the Department and including all the information specified on that form, being information which the Department reasonably requires in order to determine the application;
(d) accompanied by a business plan containing information on how the funds acquired from the issue of PRNs or PERNs are to be applied including in respect of the following matters -
(e) accompanied by a fee of -
(2) The Department shall -
and in each case subject to the conditions imposed by or under regulation 21C; or
(b) in any other case, refuse the application.
(3) The Department shall, unless otherwise agreed with the applicant, notify him in writing of its decision under paragraph (2) before 30th November in the year in which the application is made.
(4) Where the decision notified under paragraph (3) is a decision to refuse accreditation, the notification shall include reasons for that decision.
(5) Subject to regulation 21D, where accreditation is granted under paragraph (2), it shall take effect at the beginning of the year following that in which the application is made and shall remain in force for the duration of one year.
(6) Where a reprocessor or exporter who has given the undertaking and paid the fee specified in sub-paragraph (e)(i), subsequently breaches that undertaking, he shall from the date of that breach be liable to pay to the Department the balance of the fee which would have been payable under paragraph (1)(e)(ii), that is to say, the sum of £2,090.
Conditions of accreditation
21C. An accredited reprocessor or exporter shall comply with the conditions specified in and under Schedule 2A.
Suspension and cancellation of accreditation
21D. - (1) The Department may suspend or cancel the accreditation of a reprocessor or exporter where it appears to it that -
(2) Before suspending or cancelling an accreditation under paragraph (1), the Department shall serve on the reprocessor or exporter concerned written notice of -
(3) The accreditation of a reprocessor or exporter shall be deemed to be cancelled -
(b) in a case where the person who is accredited requests that his accreditation should be cancelled, with effect from the date for cancellation specified by that person.
(4) For the purposes of paragraph (3) "relevant authorisation" means -
Amendment of Part V (Records, Refunds and Certificate)
8. - (1) In regulation 22 (producers - records and returns) -
(b) in paragraph (3) "for the year 2000 and subsequent years," shall be omitted.
(2) In regulation 24 (schemes - records and returns) -
(b) paragraph (2) shall be omitted;
(c) in paragraph (3) -
(d) in paragraph (4) for the words "for the year 2000 and subsequent years packaging materials" there shall be substituted "packaging material".
Amendment of Part VI (Powers and Duties of the Department)
9. - (1) In regulation 25 (monitoring) -
(b) in paragraph (2) -
(c) in paragraph (3) -
(2) In regulation 25A (monitoring - publication) -
(3) In regulation 26 for paragraph (1) there shall be substituted -
and containing the relevant information prescribed in Schedule 7.".
(4) In regulation 27 (approval of persons to issue certificates of compliance) after "compliance" there shall be inserted "and signing the form referred to in regulation 6(4)(c) or 17A(2) (as the case may be)".
(5) In regulation 28 (entry and inspection) in paragraph 2, sub-paragraph h(i) for "regulations 22 and 24 and Part V of Schedule 3" there shall be substituted "regulations 21C, 22 and 24".
Amendment of Part X (Offences)
10. In regulation 34 (offences and penalties) -
(3A) A person who fails without reasonable excuse to comply with any requirement imposed in a notice under regulation 25(3) shall be guilty of an offence.".
Amendment to Schedule 1 (Producers)
11. In Schedule 1 -
(b) for paragraph 4(1)(c)(i) and (ii) there shall be substituted -
Amendment to Schedule 2 (Recovery and Recycling Obligations)
12. - (1) In Schedule 2 -
of the amount by tonnage of packaging waste represented by "Z" in sub-paragraph (1) above;";
(c) for paragraph 5 there shall be substituted -
|Material||2004||2005||2006||2007||2008 and any subsequent year|
(iv) sub-paragraph (3) shall be omitted.
Insertion of new Schedule 2A (Conditions of accreditation)
13. After Schedule 2 there shall be inserted -
(d) PERNs shall be issued for no more than the total amount of packaging waste which an accredited exporter exports for reprocessing in the year for which he is accredited;
(e) PRNs and PERNs which have not been issued and which have expired shall remain the property of the Department at all times and shall be returned to the Department on demand;
(f) the weight of packaging waste recorded on a PRN or PERN shall be rounded up to the nearest tonne;
(g) duplicate copies of all PRNs and PERNs issued shall be retained and made available for inspection by the Department at all reasonable times;
(h) PRNs and PERNs shall only be issued to producers or operators of schemes, or to the representatives of producers or operators of schemes;
(i) substitute PRNs or PERNs shall be issued on request to the holder of original PRNs or PERNs in exchange for those originals, provided that the value of the substitute PRNs or PERNs so issued remains equal to those exchanged and that no substitutes which relate to packaging waste received for reprocessing in any given year are issued after 31st January in the following year;
(j) records shall be maintained for each quarter year on a form made available for the purpose by the Department and shall be retained for at least 4 years after the end of the year in which the record is made;
(k) reports shall be provided to the Department before each of the 21st days of April, July, October and February in respect of the previous quarter year on -
(l) a report shall be provided to the Department before 28th February in each year which sets out -
(m) except in the case of a reprocessor or exporter who has made the undertaking specified in regulation 21B(1)(e)(i), a report shall be provided to the Department before 28th February in any year which -
(n) a reprocessor or exporter must -
For the purposes of this Schedule -
Amendment of Schedule 3 (Definition of Waste)
14. - (1) In the shoulder note to Schedule 3 for "Regulation 2" there shall be substituted "Regulation 2(1)".
(2) For the list R1 to R13 in paragraph 2 of Schedule 3 there shall be substituted -
(3) Parts III, IV and V of Schedule 3 shall be omitted.
Amendment of Schedule 4 (Information)
15. In Part IV of Schedule 4 -
Amendment of Schedule 5 (Procedure on appeals)
16. - (1) In paragraph 1 of Schedule 5 -
(2) In paragraph 2 for "six months" there shall be substituted "two months".
Amendment of Schedule 6 (Information in certificate of compliance)
17. - (1) In paragraph (d) of Schedule 6, "and regulation 8" shall be omitted and for "undertakings" there shall be substituted "conditions".
(2) After paragraph (f) of Schedule 6 there shall be inserted -
Amendment of Schedule 7 (Public Register)
18. For Schedule 7 there shall be substituted -
A statement in relation to each registered producer and each relevant year as to whether a certificate of compliance has been furnished.
3. A statement in relation to each registered operator of a scheme as to whether he has complied with his obligation under regulation 3(5B).".
Amendment of Schedule 10 (Mid-year Changes)
19. - (1) In paragraph 16(a) of Schedule 10 for "each holding company shall comply with the requirements of a proportion of the company's recovery and recycling obligations, such proportion being calculated as provided in paragraph 17(2)" there shall be substituted "the first group shall comply with the requirements of the company's recovery and recycling obligations for the year in which the company ceases to be a member of that group and the second group shall comply with those requirements in the following and any subsequent year in which the company is a member of the second group";
(2) In paragraph 17(2) "(a)" shall be omitted.
Amendment of Schedule 11 (United Kingdom's Recovery and Recycling Targets)
20. Schedule 11 shall be omitted.
Sealed with the Official Seal of the Department of the Environment on
A Senior Officer of the Department of the Environment
(g) a requirement on operators of schemes to submit monitoring plans relating to the steps they propose to take to ensure the accuracy of the information they receive from scheme members;
(h) new procedural requirements for obtaining the approval of the Department to a scheme;
(i) requirements relating to the submission of information by scheme members to operators of schemes.
Regulation 6 introduces rights of appeal for producers and for reprocessors and exporters.
Regulation 7 inserts a new Part IVA into the principal Regulations in order to require the accreditation of reprocessors and exporters to issue packaging waste recovery notes and packaging waste export recovery notes.
Regulation 8 amends Part V of the principal Regulations in order to require additional records and returns to be submitted to the Department by producers and operators of schemes.
Regulation 9 amends Part VI of the principal Regulations in order to ensure that the monitoring obligations which apply to the Department include monitoring the new obligations placed on operators of schemes and accredited reprocessors and exporters; and to increase the scope of the Department's power to serve notices on persons requiring the submission of information to the Department.
Regulation 10 amends Part X of the principal Regulations in order to introduce new offences for which operators of schemes, scheme members, reprocessors and exporters may be liable.
Regulation 11 makes minor consequential amendments to Schedule 1 of the principal Regulations.
Regulation 12 amends Schedule 2 of the principal Regulations in order to apply new recovery and recycling targets reflecting the anticipated revisions to the Directive targets.
Regulation 13 inserts a new Schedule 2A into the principal Regulations setting out the conditions of accreditation referred to in the new regulation 21C inserted by regulation 6 of these Regulations.
Regulation 14 amends the list of recovery operations set out in Schedule 3 of the principal Regulations in order to reflect amendments made by the Commission Decision 96/350/EEC (O.J. No. L135, 6.6.1996, p. 32).
Regulation 15 amends Schedule 4 of the principal Regulations in order to amplify the information required to be contained in the operational plans which producers and operators of schemes are required to submit to the Department.
Regulation 16 amends Schedule 5 of the principal Regulations in order to make provision for producer, reprocessor and exporter appeals and to reduce the period in which appeals may be made from six months to two months.
Regulation 17 amends Schedule 6 of the principal Regulations in order to amplify the information which must be contained in the certificate of compliance required by regulation 23 of the principal Regulations.
Regulation 18 amends Schedule 7 of the principal Regulations in order to require information in relation to accredited reprocessors and exporters to be placed on the public register.
Regulation 19 amends Schedule 10 of the principal Regulations in order to simplify the arrangements for mid-year changes affecting groups of companies who have obligations under the Regulations.
Regulation 20 removes Schedule 11 which sets out the recovery and recycling obligations of the United Kingdom under the Directive.
 O.J. No. L365, 31.12.94, p. 10; the Directive was amended with effect from 20th November 2003 in Article 21 (Committee Procedure) by paragraph 53 of Annex III (Regulatory Procedure) to Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. No. L284, 31.10.2003, p. 1)back