3.—(1) The amount of packaging waste to be recovered by a producer in relation to a class of producer to which he belongs is calculated as follows—E+W+S
where—
[F1“P” is the amount of packaging and packaging materials handled in Great Britain by the producer in the preceding year, calculated to the nearest tonne by—
taking into account packaging, including reused transit packaging, or packaging materials, which were imported into the United Kingdom by the producer; and
excluding—
reused sales packaging or primary packaging as defined in paragraph 1(a) of Article 3 of the Packaging Waste Directive;
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;
any packaging or packaging materials so supplied which were exported from the United Kingdom by the producer or which to the producer’s reasonable knowledge were otherwise exported from the United Kingdom (except to a marine installation); and
reused transit packaging (except 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 recovery target for the relevant year; and
“Z” is the amount by tonnage of packaging waste which is to be recovered within the relevant year.
[F2(2) The proportion of the packaging waste referred to in sub-paragraph (1) which is to be recovered by recycling, in relation to a class of producer to which the producer belongs in the years [F32012 to 2017] is not less than 92% of the amount by tonnage of packaging waste represented by “Z” in sub-paragraph (1).]
(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 recover by recycling 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 Great Britain 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.
[F4(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—
[F5
]
where—
“L” is the amount to the nearest tonne of the glass (whether in the form of packaging or packaging materials) handled in Great Britain by the producer in the preceding year;
“B” is the percentage prescribed in paragraph 4 in relation to the class of producer;
[F6“Y” is the percentage prescribed in paragraph 6 as the recycling target in respect of glass in relation to the relevant year;]
F7...
“G” is the amount by tonnage of glass packaging waste which is to be recycled by re-melt in the relevant year.]
Textual Amendments
F1Words in Sch. 2 para. 3(1) substituted (26.11.2010) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 (S.I. 2010/2849), regs. 1(b), 17(2)
F2Sch. 2 para. 3(2) substituted (26.11.2010) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010 (S.I. 2010/2849), regs. 1(b), 17(3)
F3Words in Sch. 2 para. 3(2) substituted (11.12.2012) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012 (S.I. 2012/3082), regs. 1(1)(b), 4(3)
F4Sch. 2 para. 3(4) inserted (11.12.2012) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012 (S.I. 2012/3082), regs. 1(1)(b), 4(4)
F5Words in Sch. 2 para. 3(4) substituted (20.12.2016) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2016 (S.I. 2016/1146), regs. 1, 2(2)(a)
F6Words in Sch. 2 para. 3(4) inserted (24.7.2013) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2013 (S.I. 2013/1857), regs. 1(b), 2(2)(b)
F7Words in Sch. 2 para. 3(4) omitted (20.12.2016) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2016 (S.I. 2016/1146), regs. 1, 2(2)(b)