WRITTEN STATEMENT

BY

THE WELSH GOVERNMENT

TITLE	The Producer Responsibility Obligations (Packaging and Packaging Wase) Regulations 2024
DATE	28 October 2024
BY	Huw Irranca-Davies MS, Deputy First Minister and 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 where 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 24^th 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 1^st January 2025.