The Producer Responsibility Obligations (Packaging Waste) Regulations 1997

Regulation 12(3)(d) and (e)

PART IV Statement of the scheme’s policies and scheme’s operational plan

10.  The matters to be contained in the statement with regard to the scheme’s policies referred to in regulation 12(3)(d) are—

(a) the steps intended to be taken through the scheme to increase the use of recycled packaging waste in the manufacture of packaging, packaging materials or other products or materials supplied by its members; and

(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 scheme’s operational plan referred to in regulation 12(3)(e) are matters which demonstrate—

(a) that sufficient financial resources and technical expertise will be available to enable the recovery and recycling obligations of the scheme’s members referred to in regulation 4(1)(b) to be discharged through the scheme;

(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 Agency, contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England and Wales, and which is made under section 44A(1) of the 1990 Act, and, where the scheme is to be registered with SEPA, contains that Agency’s policies in relation to the recovery and disposal of waste in Scotland, and which is made under section 44B of the 1990 Act;

(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—

(i) the names and addresses of the reprocessors it is intended to use,

(ii) the names of any waste collection or disposal authorities 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 scheme’s 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.—(1) For the purposes of paragraph 11(d)(ii) above “waste collection authority” and “waste disposal authority” shall have the meanings given in section 30 of the 1990 Act.

(2) For the purposes of paragraph 11(d)(iii) above “household waste”, “industrial waste” and “commercial waste” shall have the same meanings as in section 75 of the 1990 Act.

(1)

Sections 44A and 44B were inserted by section 92 of the Environment Act 1995. At the date of making these Regulations no such policies have been prepared.