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The Producer Responsibility Obligations (Packaging Waste) Regulations 2005

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This is the original version (as it was originally made).

Statutory Instruments

2005 No. 3468

ENVIRONMENTAL PROTECTION

The Producer Responsibility Obligations (Packaging Waste) Regulations 2005

Made

15th December 2005

Coming into force in accordance with regulation 1(1)

These Regulations are made by the Secretary of State for Environment, Food and Rural Affairs as respects England, Scotland(1) and Wales(2) in exercise of the powers conferred upon her by section 2(2) of the European Communities Act 1972(3) and sections 93 – 95 of the Environment Act 1995(4).

These Regulations are made for the implementation of Article 6(1) of Council Directive 94/62/EC on packaging and packaging waste.

The Secretary of State for Environment, Food and Rural Affairs was designated(5) for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the prevention, reduction and elimination of pollution caused by waste and the management of packaging and packaging waste.

A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 93(10) of the Environment Act 1995.

Accordingly, after consultation in accordance with section 93(2) of the Environment Act 1995, and after having regard to the matters specified in section 93(6) of that Act as required by section 93(5) of that Act, the Secretary of State for Environment, Food and Rural Affairs makes the following Regulations:

(1)

Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under Community law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable by her as regards Scotland.

(2)

Under paragraph 5 of Schedule 3 of the Government of Wales Act (c. 38), despite the transfer of the relevant functions of the Secretary of State so far as they are exercisable in relation to Wales to the National Assembly Wales by virtue of Article 2 and Schedule 1 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672), the function of the Secretary of State in relation to implementing obligations under Community law continues to be exercisable by her as regards Wales.

(5)

The Secretary of State was designated under the European Communities (Designation) Order 1996 under Article 2 and the Schedule (S.I. 1996/266).

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