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

3.—(1) The amount of packaging waste to be [F2 recycled] by a producer in relation to a class of producer to which he belongs is calculated as follows— N.I.

where—

• [F3 “P” is the amount of packaging and packaging materials handled in the United Kingdom by the producer in the preceding year, calculated in tonnes to the nearest tonne by—

  (a)

  taking into account packaging, including reused transit packaging, or packaging materials so supplied, which were imported into the United Kingdom by the producer, either himself or through an agent acting on his behalf; and

  (b)

  excluding—

  (i)

  reused sales packaging or primary packaging as defined in paragraph 1(a) of Article 3 of the Packaging Waste Directive;

  (ii)

  production residues from the production of packaging or packaging materials or from any other production process occurring before, during or after the producer handled the packaging or packaging materials;

  (iii)

  any packaging or packaging materials so supplied which were exported from the United Kingdom by the producer, either himself or through an agent acting on his behalf or which to the producer’s reasonable knowledge were otherwise exported from the United Kingdom (with the exception of any packaging or packaging materials exported from the United Kingdom to a marine installation); and

  (iv)

  reused transit packaging (with the exception of reused transit packaging imported into the United Kingdom);]

• “C” is the percentage prescribed in paragraph 4 below in relation to the class of producer;

• “X” is the percentage prescribed in paragraph 5 below as the [F4 recycling] target for the relevant year; and

• “Z” is the amount by tonnage of packaging waste which is to be [F5 recycled] within the relevant year.

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where in the preceding year the producer has handled any recyclable material (whether in the form of packaging or packaging materials), the producer shall [F7 recycle] an amount of packaging waste consisting of that material calculated as follows—

where—

“M” is the amount in tonnes to the nearest tonne of the recyclable material (whether in the form of packaging or packaging materials) handled in the United Kingdom by the producer in the preceding year;

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

“Y” is the percentage prescribed in paragraph 6 below as the recycling target for the relevant year; and

“Q” is the amount by tonnage of packaging waste consisting of that material which is to be recycled in the relevant year.

[F8 (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—

[F9

[F10 where—

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

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

F11 ...

“Y” is the percentage prescribed in paragraph 6 as the recycling target in respect of glass in relation to 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.]]]

Textual Amendments

F2 Word in Sch. 2 para. 3(1) substituted (11.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/345), regs. 1, 2(10)(d)(i)(aa)

F3 Words in Sch. 2 para. 3(1) substituted (1.1.2011) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 19(2)

F4 Word in Sch. 2 para. 3(1) substituted (11.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/345), regs. 1, 2(10)(d)(i)(bb)

F5 Word in Sch. 2 para. 3(1) substituted (11.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/345), regs. 1, 2(10)(d)(i)(cc)

F6 Sch. 2 para. 3(2) omitted (11.1.2021) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/345), regs. 1, 2(10)(d)(ii)

F7 Word in Sch. 2 para. 3(3) substituted (11.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/345), regs. 1, 2(10)(d)(iii)

F8 Sch. 2 para. 3(4) inserted (12.12.2013) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/262), regs. 1, 3(4)

F9 Formula in Sch. 2 para. 3(4) amended - 75 substituted for 72 substituted (1.2.2024) by The Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations (Northern Ireland) 2023 (S.R. 2023/219), regs. 1, 2(2)(a)

F10 Word in Sch. 2 para. 3(4) substituted (11.1.2021) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/345), regs. 1, 2(10)(d)(iv)

F11 Words in Sch. 2 para. 3(4) omitted (2.2.2017) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/3), regs. 1, 2(2)(b)

Commencement Information

I1 Sch. 2 para. 3 in operation at 5.4.2007, see reg. 1(1)