MS (Cabinet Secretary for Climate Change &
Rural Affairs): I have given consent to the UK Government
to make and lay the Producer Responsibility Obligations
(Packaging and Packaging Waste) Regulations 2024 ("the
Regulations”). The Regulations intersect with devolved policy and
will apply to Wales. The Regulations apply in relation to
England, Scotland, Northern Ireland and Wales.
The Regulations have been made by the Secretary of State for
Environment, Food and Rural Affairs in exercise of powers
conferred by the Environment Act 2021.
The Regulations revoke the previous Producer Responsibility
Obligations (Packaging Waste) Regulations 2007 and the Packaging
Waste (Data Collections and Reporting) (Wales) Regulations 2023
and introduce an Extended Producer Responsibility (EPR) scheme
for packaging and packaging waste. EPR for packaging will require
producers of packaging to pay the cost of managing packaging
waste and the provision of public information about the disposal
of packaging waste. This will result in the costs of managing
packaging waste being met by the producers who use and supply
packaging, applying the “polluter pays” principle. The producer
fees will be raised by a scheme administrator jointly appointed
by the four governments of the UK and will distribute these
monies to local authorities. The scheme will also require
producers to meet packaging recycling targets.
Collectively, the aim of these measures is to incentivise
producers to reduce unnecessary packaging, design and use
packaging that is easy to recycle, encourage the use of reuseable
and refillable packaging, and reduce packaging litter. The EPR
scheme for packaging is therefore important in both tacking the
climate and nature emergency and building a stronger, greener
economy as we progress towards a net zero Wales.
Whilst it is normally the policy of the Welsh Government to
legislate for Wales in matters of devolved competence, in certain
circumstances there are benefits to Wales in doing so
collaboratively with the UK Government 1where there is a clear
rationale. In this case,
the UK-wide Regulations will enable consistency across the UK
while enabling Wales to sustain and build on its performance as
second in the world for recycling. In turn, this will facilitate
delivery of positive outcomes for Wales by allowing a uniform
approach among commercial organisations as they invest, often in
operations across the UK market. It is therefore appropriate that
the Regulations are made on a UK-wide basis in this instance.
The Regulations were laid before Parliament on 24th October 2024.
They are to be debated in Houses of Parliament during the window
of 7 November - 4 December 2024. If the regulations are approved
the scheme will come into force on 1st January 2025.
