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The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010

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Amendment of Schedule 5 (conditions of accreditation)

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19.—(1) Schedule 5 is amended as follows.

(2) In paragraph 1—

(a)in sub-paragraph (g), for “15th February”, substitute “28th February”;

(b)omit sub-paragraphs (h), (j) and (l);

(c)for sub-paragraph (o), substitute—

“(o)a report shall be provided to the appropriate Agency 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 and PERNs;

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

(iv)accounts for the whole of that amount;

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

(vi)is in the form prescribed by the appropriate Agency for this purpose;”;

(d)omit sub-paragraph (p);

(e)for sub-paragraph (r), substitute—

“(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(2); 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(3);

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

(3) In paragraph 2—

(a)after sub-paragraph (b), omit “; and”; and

(b)omit sub-paragraph (c).

(1)

Substituted by regulation 12(a) above.

(2)

OJ No L 190, 12.7.2006, p1, as last amended by Commission Regulation (EU) No 413/2010 (OJ No L 119, 13.5.2010, p1).

(3)

OJ No L 316, 4.12.2007, p6, as last amended by Commission Regulation (EC) No 967/2009 (OJ No L 271, 16.10.2009, p12).

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