The Producer Responsibility Obligations (Packaging Waste) Regulations 1997

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation and notices

3. PART II PRODUCERS AND OBLIGATIONS

   1. 3. Producers and producer responsibility obligations

   2. 4. Exclusions and limitations

4. PART III REGISTRATION

   1. 5. Producer registration obligation

   2. 6. Application for producer registration

   3. 7. Requirements for producer registration

   4. 8. Continuation of producer registration

   5. 9. Forms and fees for producer registration

   6. 10. Refusal to register producers

   7. 11. Cancellation of registration of producers

   8. 12. Application for registration of a scheme

   9. 13. Conditions of registration of a scheme

   10. 14. Continuation of registration of a scheme

   11. 15. Forms and fees for registration of a scheme

   12. 16. Refusal to register a scheme

   13. 17. Cancellation of registration of a scheme

5. PART IV REGISTRATION OF SCHEMES—APPEALS

   1. 18. Right of appeal

   2. 19. Procedure of appeals

   3. 20. Determination of appeals

   4. 21. Status pending appeal

6. PART V RECORDS, RETURNS AND CERTIFICATE

   1. 22. Producers—records and returns

   2. 23. Producers—certifying obligation

   3. 24. Schemes—records and returns

7. PART VI AGENCIES' POWERS & DUTIES

   1. 25. Monitoring

   2. 26. Public register

   3. 27. Approval of persons to issue certificates of compliance

   4. 28. Entry and inspection

8. PART VII GROUPS OF COMPANIES AND MID-YEAR CHANGES

   1. 29. Groups of companies

   2. 30. Mid-year changes

9. PART VIII COMPETITION SCRUTINY

   1. 31. Competition scrutiny

10. PART IX THE RESTRICTIVE TRADE PRACTICES ACT 1976

    1. 32. The 1976 Act

    2. 33. Agreements to which the 1976 Act applies

11. PART X OFFENCES

    1. 34. Offences and penalties

12. Signature

13. 1. SCHEDULE 1

       PRODUCERS

       1. 1. (1) For the purposes of Column 1 in the above...

       2. 2. For the purposes of Column 3 of the above Table,...

       3. 3. A person satisfies the threshold tests if—

       4. 4. (1) For the purposes of paragraph 3 above—

    2. SCHEDULE 2

       RECOVERY AND RECYCLING OBLIGATIONS

       1. 1. A producer’s obligations to recover and recycle packaging waste in...

       2. 2. (1) The amount of packaging waste to be recovered by...

       3. 3. (1) The following percentages are prescribed as the percentages for...

       4. 4. The following is prescribed as the recovery target “X”—

       5. 5. The following is prescribed as the recycling target “Y”—

       6. 6. (1) In this Schedule— (a) for the purposes of paragraph...

    3. SCHEDULE 3

       1. PART I DEFINITION OF WASTE—ARTICLE 1 OF AND ANNEX 1 TO THE WASTE DIRECTIVE

          1. 1. Article 1

          2. Annex 1

       2. PART II DEFINITION OF RECOVERY—ANNEX IIB TO THE WASTE DIRECTIVE

          1. 2. This Part is intended to list recovery operations as they...

       3. PART III DEFINITION OF SPECIAL PRODUCERS

          1. 3. A special producer is a producer who in the preceding...

       4. PART IV SPECIAL PRODUCERS—OBLIGATIONS

          1. 4. For the purposes of the provision of further information by...

          2. 5. For the purposes of the calculation of the recovery and...

       5. PART V SPECIAL PRODUCERS—RECORDS AND RETURNS

          1. 6. A special producer shall, in relation to any relevant year—...

          2. 7. The information is— (a) the amount in tonnes to the...

          3. 8. In relation to a special producer the reference in regulation...

    4. SCHEDULE 4

       INFORMATION

       1. PART I Information to be contained in application for producer registration

          1. 1. The address and telephone number of the registered office of...

          2. 2. The business name of the producer if different from that...

          3. 3. The address for service of notices on the producer if...

       2. PART II Producer and Scheme RegistrationFurther Information

       3. PART III Information to be included in application for registration of a scheme or competition scrutiny

          1. 4. The name of the scheme.

          2. 5. The name of the operator, and where the operator is...

          3. 6. The address and telephone number of the registered office of...

          4. 7. The address for service of notices if different from that...

          5. 8. The names and addresses of the registered offices, or, if...

          6. 9. Full particulars of the agreement for the constitution of the...

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

          1. 10. The matters to be contained in the statement with regard...

          2. 11. The matters to be contained in the scheme’s operational plan...

          3. 12. (1) For the purposes of paragraph 11(d)(ii) above “waste collection...

    5. SCHEDULE 5

       PROCEDURE ON APPEALS

       1. 1. (1) An operator of a scheme who wishes to appeal...

       2. 2. (1) Subject to sub-paragraph (2) below, notice of appeal shall...

       3. 3. Where under regulation 19(2) the appeal is by way of...

       4. 4. (1) The Secretary of State or other person determining an...

    6. SCHEDULE 6

       INFORMATION IN CERTIFICATE OF COMPLIANCE

    7. SCHEDULE 7

       PUBLIC REGISTER

       1. 1. Information regarding producer registration

       2. 2. Information regarding scheme registration

    8. SCHEDULE 8

       GROUPS OF COMPANIES

       1. 1. This Schedule applies in relation to a relevant year—

       2. 2. Subject to regulation 4, in respect of a year each...

       3. 3. For the purposes of this Schedule and Schedule 9 “subsidiary”...

       4. 4. Subject to regulation 4, companies who are producers and are...

       5. 5. Where there is a group registration— (a) the subsidiary companies...

       6. 6. Where in accordance with this Schedule there is a group...

       7. 7. A person guilty of an offence under paragraph 6 above...

       8. 8. This Schedule is subject to the provisions of Schedule 9....

    9. SCHEDULE 9

       MID-YEAR CHANGES

       1. PART I SCHEME MEMBERSHIP

          1. 1. Subject to paragraph 4 below, where a person who is...

          2. 2. Subject to paragraph 3 below, where a person who is...

          3. 3. Where a person who is a producer in respect of...

          4. 4. Where a person who is a producer in respect of...

       2. PART II GROUP MEMBERSHIP

          1. 5. This Part applies where— (a) a company joins a group...

          2. 6. Where paragraph 5(a) above applies the company shall either—

          3. 7. Where— (a) paragraph 5(a) above applies; (b) in relation to...

          4. 8. Where— (a) paragraph 5(a) above applies; (b) in relation to...

          5. 9. Where— (a) paragraph 5(a) above applies; (b) in relation to...

          6. 10. Where— (a) paragraph 5(a) above applies; (b) in relation to...

          7. 11. Where— (a) paragraph 5(b) above applies; and

          8. 12. Where— (a) paragraph 5(b) above applies; (b) in relation to...

          9. 13. Where— (a) paragraph 5(b) above applies; (b) in relation to...

          10. 14. Where— (a) paragraph 5(b) above applies; (b) in relation to...

          11. 15. Where— (a) paragraph 5(b) above applies; (b) in relation to...

          12. 16. Where in a relevant year paragraph 5 above applies to...

          13. 17. (1) The proportion referred to in paragraphs 9, 10, 12(c)(i)...

          14. 18. For the purposes of this Part of this Schedule—

       3. PART III INCAPACITY

          1. 19. Where in a relevant year a producer dies or becomes...

          2. 20. Any person carrying on the activities of the first producer...

          3. 21. In relation to a producer which is a company, the...

    10. SCHEDULE 10

        UNITED KINGDOM'S RECOVERY AND RECYCLING TARGETS

14. Explanatory Note