Appendix 7 Draft Producer Responsibility
Obligations (Packaging Waste) (Amendment) (England) Regulations
2003: memorandum from the Department for Environment, Food and
Rural Affairs
Draft Producer Responsibility Obligations (Packaging
Waste) (Amendment) (England) Regulations 2003
1. This memorandum explains why the above draft Regulations
do not consolidate the Producer Responsibility Obligations (Packaging
Waste) Regulations 1997 (S.I. 1997/648; "the principal
Regulations").
2. In the context of devolution and the complexity
of the Regulations as amended, consolidation would be appropriate.
However, the Packaging Waste Directive (European Parliament and
Council Directive 94/62/EC on packaging and packaging waste (O.J.
No. L365, 31.12.94, p.10); "the Directive"), which the
principal Regulations implemented in Great Britain, is presently
the subject of a two stage review, the outcome of which might
provide a more appropriate occasion for consolidation.
Devolution
3. The principal Regulations were made in relation
to Great Britain as a whole. However, the subject matter has since
been devolved in relation both to Scotland (by section 53 of the
Scotland Act 1998 (c. 46)) and to Wales (by Article 2 of and Schedule
1 to the National Assembly for Wales (Transfer of Functions) Order
1999 (S.I. 1999/672)).
4. The recycling targets to be imposed by regulation
13 of the draft Regulations will in fact be unitary ones for Great
Britain, as are the targets in Schedule 10 to the principal Regulations
which they are to replace. However, since the draft Regulations
are to apply in relation to England only, the targets will only
be given effect in so far as they relate to England, though the
fulfilment of the targets need not take place in England. The
principal Regulations currently apply in relation to England to
persons whose activities in England draw down the producer responsibility
obligations imposed by the Regulations, and the draft Regulations
maintain this state of affairs.
5. The Department recognises that it would be helpful
for consolidating Regulations to make the applicability clearer
or to adapt the producer responsibility obligations to devolution.
Complexity
6. The principal Regulations have been amended in
relation to Great Britain by S.I. 1999/1361 and 1999/3447, in
relation to England and Wales by S.I. 2000/3375, and in relation
to England only by S.I. 2002/732. They have also been amended
in relation to Scotland only and Wales only. Together with the
amendments which are to be made by the draft Regulations, the
Regulations will be quite complex to navigate, and this would
indicate that consolidation would have been appropriate.
Further domestic work
7. However, two proposals that were included in the
consultation paper in 2003 have not been taken forward in the
draft Regulations. These are the proposals that obligations should
be taken on leased, as well as owned, packaging; and on packaging
used for internal supply. The consultation paper can be accessed
at http://defraweb/corporate/consult/
packaging-reg/index.htm .
8. In light of responses to the consultation, the
Department intends that further work will be undertaken during
2004 on these proposals, with a view to laying further Regulations
before Parliament in 2005. Subject to the timing on the next phase
of the review of the packaging Directive (considered below) this
may provide an appropriate occasion to consolidate.
Review of the Directive
9. The Commission is conducting a review of the Directive
in two stages. The proposal for an amending Directive relating
to the first stage of the review, which is to set new targets
(the original targets in Article 6.1 were for 30th June 2001),
reached common position in October 2002. The common position text
can be found at http://
www.dti.gov.uk/sustainability/pdfs/composapcouncil.pdf .
10. The Department understands that it is quite possible
that a final text will emerge in January or February of 2004.
11. The second stage of the review, which is to revise
the Directive as a whole, is likely to take some time. The Department
has no information at this stage as to when publication of a proposal
from the Commission can be expected. However, the Department
understands that this phase of the review is likely to focus on
reuse and minimisation of packaging, and on including specific
references to producer responsibility in the Directive.
12. The Department would intend to seek to consolidate
the principal Regulations when the outcome of the review is known,
although if the timetable for the review seems likely to be extended,
the Department would consider earlier consolidation.
19th November 2003
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