Search Legislation

Advanced Search

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

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

F1SCHEDULE 1N.I.PRODUCERS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F2SCHEDULE 1AN.I.DISPOSAL OPERATIONS

Textual Amendments

1.  Deposit into or on to land (for example landfill).N.I.

2.  Land treatment (for example biodegradation of liquid or sludgy discards in soils).N.I.

3.  Deep injection (for example injection of pumpable discards into wells, salt domes or naturally occurring repositories).N.I.

4.  Surface impoundment (for example placement of liquid or sludgy discards into pits, ponds or lagoons).N.I.

5.  Specially engineered landfill (for example placement into discreet cells which are capped and isolated from one another and from the environment).N.I.

6.  Release into a water body except seas or oceans.N.I.

7.  Release into seas or oceans including sea bed insertion.N.I.

8.  Biological treatment not specified in this Schedule which results in compounds or mixtures which are discarded by means of any of the operations mentioned in paragraphs 1 to 7 or 9 to 12.N.I.

9.  Physio-chemical treatment not specified elsewhere in this Schedule which results in final compounds or mixtures which are discarded by means of any of the operations mentioned in paragraphs 1 to 7 or 10 to 12.N.I.

10.  Incineration on land.N.I.

11.  Incineration at sea.N.I.

12.  Permanent Storage (for example emplacement in containers in a mine).N.I.

13.  Blending or mixing prior to submission to any or the operations mentioned in paragraphs 1 to 12.N.I.

14.  Repackaging prior to submission to any of the operations mentioned in paragraphs 1 to 13.N.I.

15.  Storage pending any of the operations mentioned in paragraphs 1 to 14 excluding temporary storage, pending collection, on the site where it is produced.N.I.

SCHEDULE 1BN.I.CATEGORIES OF WASTE

1.  Production or consumption residues not otherwise specified in paragraphs 2 to 12 of this Schedule.N.I.

2.  Off specification products.N.I.

3.  Products whose date for appropriate use has expired.N.I.

4.  Materials spilled, lost or having undergone other mishap including and any materials or equipment contaminated as a result of that mishap.N.I.

5.  Materials contaminated or soiled as a result of planned actions (for example residues from cleaning operations, packaging materials of containers).N.I.

6.  Unusable parts (for example reject batteries or exhausted catalysts).N.I.

7.  Substances which no longer perform satisfactorily (for example contaminated acids, contaminated solvents or exhausted tempering salts).N.I.

8.  Residues of industrial processes (for example slags or still bottoms).N.I.

9.  Residues from pollution abatement processes (for example scrubber sludge’s, baghouse dusts or spent fillers).N.I.

10.  Machining or finishing residues (for example lathe turnings or mill scales).N.I.

11.  Residues from raw materials extraction and processing (for example mining residues or oil field slops).N.I.

12.  Adulterated materials (for example oils contaminated with PCB’s).]N.I.

Regulation 4(4)

F3SCHEDULE 2N.I....RECYCLING OBLIGATIONS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulations 7(4), 14(3) and 15(g)

F3SCHEDULE 3N.I.INFORMATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 21

F3SCHEDULE 4N.I.INFORMATION IN CERTIFICATE OF COMPLIANCE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 25

SCHEDULE 5N.I.CONDITIONS OF ACCREDITATION

1.  The conditions referred to in regulation 25 are that—N.I.

(a)PRNs shall not be issued for more than the total amount of packaging waste which—

(i)is received for reprocessing on the site of a reprocessor in the year or the part of the year for which he is accredited; and

(ii)will be capable of being reprocessed on the site for which he is accredited no later than the end of the following year;

(b)a reprocessor may only issue a PRN in respect of packaging waste once that packaging waste has been received for reprocessing on that site;

(c)PRNs which relate to packaging waste received for reprocessing in December of a year shall specify that fact;

[F4(d)PERNs shall not be issued for more than the total amount of packaging waste which an accredited exporter exports for reprocessing in the year or part of the year for which he is accredited;

(e)a PERN may only be issued once the packaging waste that it relates to has been exported for reprocessing;]

(f)PERNs which relate to packaging waste exported in December of a year shall specify that fact;

(g)where a PRN or PERN has not been issued by 31st January in any year in respect of an amount of packaging waste received for reprocessing or exporting in the previous year, a PRN or PERN for that amount shall not be issued to producers or operators of schemes, or to the representatives of producers or operators of schemes but shall be issued to the Department on or before [F528th February] in that year;

F6(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)the weight of packaging waste recorded on a PRN or PERN shall be—

(i)rounded up to the nearest whole tonne where the part tonne is 0.5 or more;

(ii)rounded down to the nearest whole tonne where the part tonne is less than 0.5;

F7(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)subject to sub-paragraph (g) above, PRNs and PERNs may only be issued to producers or operators of schemes, or to the representatives of producers or operators of schemes;

F8(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)records shall be maintained for each quarter year on a form made available for the purpose by the Department, shall be retained for at least 4 years after the end of the year in which the record is made and shall be made available to the Department on demand;

(n)reports shall be provided to the Department before each of 21st April, 21st July, 21st October and 28th February in respect of the previous quarter year on—

(i)the tonnage of packaging waste received or exported for reprocessing in that quarter;

(ii)the tonnage of packaging waste reprocessed in that quarter;

(iii)the number of PRNs or PERNs issued in that quarter; and

(iv)a list of all PRNs and PERNs issued,

on a form provided by the [Department];

[F9(o)a report shall be provided to the Department before 28th February in each year which—

(i)sets out all the information provided in the quarterly reports which relate to the whole of the previous year;

(ii)sets out the amount of revenue received in the previous year from the sale of PRNs or PERNs;

(iii)sets out what that amount has been spent on, including information on the matters set out in paragraphs (i) to (vi) of regulation 24(1)(c);

(iv)iv)accounts for the whole of the amount of revenue provided under paragraph (ii);

(v)sets out and explains any deviation during the previous year from the business plan referred to in regulation 24(1)(c); and

(vi)is, where required by the Department, in the form it may require;]

F10(p). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q)a reprocessor or exporter must—

(i)as far as possible implement the business plan referred to in regulation 24(1)(c);

(ii)undertake sampling and inspection of packaging waste received or exported for reprocessing, in accordance with a plan approved by the Department; and

(iii)comply with such other conditions as the Department may specify in the notification of a grant of accreditation.

[F11(r)a PERN may only be issued in respect of packaging waste that is exported in accordance with—

(i)Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste [F12as last amended by Commission Regulation (EU) 2015/2002 ]; and

(ii)Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply [F13as last amended by Commission Regulation (EU) No 733/2014];

(s)where applicable, a reprocessor or exporter must comply with regulation 24(6).]

Textual Amendments

Commencement Information

I1Sch. 5 para. 1 in operation at 5.4.2007, see reg. 1(1)

2.  For the purposes of this Schedule—N.I.

(a)“issue” in relation to a PRN or PERN means to sell or otherwise supply to a producer or operator of a scheme or to the representative of a scheme or operator of a scheme, and a reprocessor or exporter may issue a PRN or PERN to himself;

(b)“quarter year” means the first, second, third and fourth three months of the yearF14...

F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)an environmental auditor registered with a recognised supervisory body and who would be eligible for appointment as a company auditor of the reprocessor or exporter under Article 30 of the Companies (Northern Ireland) Order 1990.

Textual Amendments

Commencement Information

I2Sch. 5 para. 2 in operation at 5.4.2007, see reg. 1(1)

[F163.  In paragraph 1(g) and (k), references to producers or operators of schemes include, in relation to the year 2025, persons who are producers or scheme operators under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.]N.I.

Textual Amendments

Regulation 28(3)

SCHEDULE 6N.I.PROCEDURE ON APPEALS

1.—(1) A person who wishes to appeal to the Planning Appeals Commission under regulation 27 shall do so by notice in writing given or sent to the Planning Appeals Commission.N.I.

(2) The notice shall be accompanied by—

(a)a statement of the grounds of appeal;

(b)a copy of any correspondence or document relevant to the appeal that could be required to be disclosed as part of standard disclosure under Order 24 of the Rules of the Supreme Court (Northern Ireland) 1984(1);

(c)a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be determined on the basis of written representations.

(3) The appellant shall serve a copy of his notice of appeal on the Department together with copies of the documents mentioned in sub-paragraph (2) above.

Commencement Information

I3Sch. 6 para. 1 in operation at 5.4.2007, see reg. 1(1)

2.—(1) Subject to sub-paragraph (2) below, notice of appeal shall be given before the expiry of the period of 2 months beginning with the date of the decision which is the subject of the appeal.N.I.

(2) The Planning Appeals Commission may at any time allow notice of an appeal to be given after the expiry of the period mentioned in sub-paragraph (1) above.

Commencement Information

I4Sch. 6 para. 2 in operation at 5.4.2007, see reg. 1(1)

3.  Where under regulation 28(2) the appeal is by way of a hearing, the person hearing the appeal shall, unless he has been appointed to determine the appeal under regulation 28(1)(a), make a written report to the Planning Appeals Commission which shall include his conclusions and recommendations or his reasons for not making any recommendations.N.I.

Commencement Information

I5Sch. 6 para. 3 in operation at 5.4.2007, see reg. 1(1)

4.—(1) The Planning Appeals Commission or other person determining an appeal shall notify the appellant in writing of its or his decision and the reasons for the decision.N.I.

(2) If the Planning Appeals Commission determines an appeal after a hearing under regulation 28(2), it shall provide the appellant with a copy of any report made to him under paragraph 3 above.

(3) The Planning Appeals Commission or other person determining an appeal shall, at the same time as notifying the appellant of his decision, send the Department a copy of any document sent to the appellant under this paragraph.

Commencement Information

I6Sch. 6 para. 4 in operation at 5.4.2007, see reg. 1(1)

Regulation 33

SCHEDULE 7N.I.PUBLIC REGISTER

1.  The name and address of the registered office or principal place of business of—N.I.

F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)each accredited reprocessor and accredited exporter.

Textual Amendments

Commencement Information

I7Sch. 7 para. 1 in operation at 5.4.2007, see reg. 1(1)

2.  In relation to accredited reprocessors and exporters—N.I.

(a)each material type accepted;

(b)in relation to any recovery operation to be used, the appropriate classification of the applicable operation F19...;

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)whether the reprocessor or exporter is accredited to issue PRNs or PERNs for either 400 tonnes or less, or more than 400 tonnes of packaging waste;

(e)the business name, address and telephone number of the reprocessor or exporter;

(f)the site address for an accredited reprocessor;

(g)the reference number supplied by the Department;

(h)whether or not quarterly returns and annual returns have been provided in accordance with the conditions set out in [F21paragraphs 1(n) and 1(o)] of Schedule 5;

(i)whether the Department has served a notice to suspend or cancel accreditation; and

(j)whether accreditation has been suspended or cancelled.

Textual Amendments

Commencement Information

I8Sch. 7 para. 2 in operation at 5.4.2007, see reg. 1(1)

F223.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

F234.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.

Textual Amendments

Regulation 35

SCHEDULE 8N.I.SUPPLEMENTAL PROVISIONS WITH REGARD TO POWERS OF ENTRY

Issue of warrantsN.I.

1.—(1) If it is shown to the satisfaction of a [F24lay magistrate] on complaint on oath—

(a)that there are reasonable grounds for the exercise in relation to any premises of a relevant power conferred by regulation 35; and

(b)that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

[F25the lay magistrate] may by warrant authorise an authorised person to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2) The conditions mentioned in sub-paragraph (1)(b) are—

(a)that the exercise of the power in relation to the premises has been refused;

(b)that such a refusal is reasonably apprehended;

(c)that the premises are unoccupied;

(d)that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e)that an application for admission to the premises would defeat the object of the proposed entry.

(3) In a case where paragraph (3) of regulation 35, applies, a [F26lay magistrate] shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended; unless he is also satisfied that the notice required by that paragraph has been given and that the period of that notice has expired.

(4) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

Textual Amendments

Commencement Information

I9Sch. 8 para. 1 in operation at 5.4.2007, see reg. 1(1)

Manner of exercise of powersN.I.

2.  An authorised person shall produce evidence of his designation and other authority before he exercises the power.

Commencement Information

I10Sch. 8 para. 2 in operation at 5.4.2007, see reg. 1(1)

Information obtained to be admissible in evidenceN.I.

3.—(1) Subject to paragraph (5) of regulation 35, information obtained in consequence of the exercise of relevant power, with or without the consent of any person, shall be admissible in evidence against that or any other person.

(2) Without prejudice to the generality of sub-paragraph (1), information obtained by means of monitoring or other apparatus installed on any premises in the exercise of a relevant power, with or without the consent of any person in occupation of the premises, shall be admissible in evidence in any proceedings against that or any other person.

Commencement Information

I11Sch. 8 para. 3 in operation at 5.4.2007, see reg. 1(1)

Duty to secure premisesN.I.

4.  A person who, in the exercise of a relevant power, enters on any premises which are unoccupied or whose occupier is temporarily absent shall leave the premises as effectually secured against trespassers as he found them.

Commencement Information

I12Sch. 8 para. 4 in operation at 5.4.2007, see reg. 1(1)

CompensationsN.I.

5.—(1) Where an authorised person exercises any power conferred by sub-paragraph 2(a) of regulation 35, it shall be the duty of the Department to make full compensation to any person who has sustained loss or damage by reason of—

(a)the exercise by the authorised person of that power; or

(b)the performance of, or failure of the authorised person to perform, the duty imposed by paragraph (4).

(2) Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage—

(a)is attributable to the default of the person who sustained it; or

(b)is loss or damage in respect of which compensation is payable by virtue of any other provision of the Order.

(3) Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal; and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982(2) shall apply to any such determination.

(4) An authorised person shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any relevant power if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

Commencement Information

I13Sch. 8 para. 5 in operation at 5.4.2007, see reg. 1(1)

Relevant powerN.I.

6.  In this Schedule “relevant power” means a power conferred by regulation 35 including a power exercisable by virtue of a warrant under this Schedule.

Commencement Information

I14Sch. 8 para. 6 in operation at 5.4.2007, see reg. 1(1)

Regulation 37

F27SCHEDULE 9N.I.GROUPS OF COMPANIES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 38

F27SCHEDULE 10N.I.LICENSORS AND PUB OPERATING BUSINESSES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 39

F27SCHEDULE 11N.I.MID-YEAR CHANGES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1)

insert information from DSO

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: