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

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Amendment of Schedule 2 (recovery and recycling obligations)E+W+S

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17.—(1) Schedule 2 is amended as follows.

(2) In paragraph 3(1), for the definition of “P”, substitute—

“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—

(a)

taking into account packaging, including reused transit packaging, or packaging materials, which were imported into the United Kingdom by the producer; and

(b)

excluding—

(i)

reused sales packaging or primary packaging as defined in paragraph 1(a) of Article 3 of the Packaging Waste Directive;

(ii)

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;

(iii)

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

(iv)

reused transit packaging (except reused transit packaging imported into the United Kingdom);.

(3) For paragraph 3(2), substitute—

(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 2010 to 2012 is not less than 92% of the amount by tonnage of packaging waste represented by “Z” in sub-paragraph (1)..

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