The Packaging Waste (Data Reporting) (No.2) Regulations (Northern Ireland) 2023

• (c) where the member is obliged to—

• (i) purchase goods in packaging;

• (ii) purchase goods and associated packaging or packaging materials to be used to contain or protect such goods or to facilitate the handling of or for the presentation of such goods;

• (iii) purchase packaging or packaging materials to be used to contain or protect such goods or to facilitate the handling of or for the presentation of such goods,

from the head organisation or, where the head organisation has negotiated some or all of the terms of the supply, a supplier nominated or authorised by the head organisation under the licence agreement, such packaging or packaging materials.

6

Where the head organisation is a licensor—

• (a) where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

• (i) is deemed to be a producer of a class or classes specified in regulation 8; and

• (ii) has data collection obligations in respect of its own activities, where applicable, and those of its members in respect of the packaging or packaging materials set out in paragraph 5;

• (b) where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

• (i) has obligations as a producer in respect of its own activities;

• (ii) is deemed to be a producer of one or more classes specified in regulation 8; and

• (iii) has data collection obligations in respect of the activities of its members in respect of packaging or packaging materials set out in paragraph 5.

PART 3 — Pub operating businesses

7

• (1) Where the head organisation is a pub operating business, for the purposes of determining whether the condition in regulation 12(2)(b) is met, only packaging or packaging materials specified in sub-paragraph (2) are to be taken into account.

• (2) The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.

8

Where the head organisation is a pub operating business—

• (a) where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—

• (i) is deemed to be a producer of one or more classes specified in regulation 8; and

• (ii) has data collection obligations in respect of its own activities, where applicable, and those of its members in respect of the packaging or packaging materials set out in paragraph 7(2) ; or

• (b) where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—

• (i) has obligations as a producer in respect of its own activities;

• (ii) is deemed to be a producer of one or more classes specified in regulation 8; and

• (iii) has data collection obligations in respect of the activities of its members in respect of the packaging or packaging materials set out in paragraph 7(2).

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 27th February 2023.

John Mills — A senior officer of the — Department of Agriculture, Environment and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations impose requirements on producers who are established in Northern Ireland to collect data on the packaging they supply to others, and, in some cases, to report some of that information to the Department of Agriculture, Environment and Rural Affairs.

Part 1 (regulations 1 to 15) contains the interpretation and general provisions for the rule. Part 2 (regulations 16 to 19) sets out the obligations on producers. Schedule 1 identifies the information which producers are required to collect and report on. Part 3 (regulations 20 to 22) makes provision for registered schemes and exempts producers who are members of a registered scheme from their data reporting obligations under these Regulations provided that they satisfy the requirements in regulation 20(2). Registered schemes are required to make reports on behalf of each of their members who satisfy these requirements. Part 3 also makes provision in relation to changes to the membership of a scheme in the middle of a relevant year.

Part 4 (regulations 23 to 27) sets out the powers and duties of the Department of Agriculture, Environment and Rural Affairs under these Regulations.

Part 5 (regulation 28) revokes the Packaging Waste (Data Reporting) Regulations (Northern Ireland) 2023.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk and from the Department of Agriculture, Environment and Rural Affairs, Klondyke Building, Cromac Avenue, Gasworks Business Park, Malone Lower, Belfast BT7 2JA.

Footnotes

Editorial notes

Department of Agriculture, Environment and Rural Affairs Guidance

7A

• (1) The Department must provide guidance for the purposes of regulation 7—

• (a) on the evidence which may be used by a producer to demonstrate that primary packaging or shipment packaging is supplied to a business or a public institution which in either case is the final user of the packaging;

• (b) on when—

• (i) a product is to be treated as being designed only for use by a business or a public institution; and

• (ii) packaging for that product is to be treated as not reasonably likely to be disposed of in a household bin or a public bin.

• (2) The Department may take the following factors into account in the preparation of guidance under paragraph (1)(b)—

• (a) the size of the packaging;

• (b) the weight of the packaging;

• (c) whether the supply of a product is subject to restrictions imposed by or under primary or secondary legislation;

• (d) how available a product or its packaging is to consumers;

• (e) whether a product is likely to be used by a business in a household;

• (f) any other factor the Department considers relevant.

Producers

Licensors

Pub operating business

Supply

Threshold criteria for large and small producers

Exempt Packaging

Exclusion of charities from data collection and data reporting obligations

Incapacity etc.

Recycling data

18A

• (1) Where information in a report submitted by a producer (“LP”) under regulation 18 in relation to a period of six months ending on or after 30th June 2024 (“regulation 18 report”) concerns packaging which has already been the subject of recycling obligations under regulation 4(4)(b) of, and Schedule 2 to, the 2007 Regulations (“relevant packaging”), LP may choose to submit a report under paragraph (2) (a “regulation 18A report”).

• (2) A regulation 18A report must state the proportion of relevant packaging which LP has been required to recycle under the 2007 Regulations (“P”), calculated as follows—

$$P = A P × S P$ where— “AP” is the amount in kilograms of relevant packaging which has previously been taken into account to calculate the recycling obligations of a producer under the 2007 Regulations; “SP” is the sum of the percentages of that packaging which any class of producer has been required to recycle under the 2007 Regulations, as set out in paragraph 4 of Schedule 2 to those Regulations.$

• (3) Where LP chooses to submit a regulation 18A report, LP must submit the report—

• (a) in such form and manner as the Department may direct;

• (b) on the date on which LP submits a regulation 18 report or such other date as the Department may direct.

• (4) Where a regulation 18A report is not submitted on the same date as the regulation 18 report, the regulation 18A report must also identify which data collection period it relates to.

Notification of winding-up, receivership, administration, etc

Publication of list of large producers

23A

• (1) The Department must publish on a website a list of all large producers (“the list”) who have reported information to the Department under regulation 18.

• (2) An entry for a producer on the list must contain—

• (a) the name of the producer:

• (b) the business name of the producer if different from that referred to in sub-paragraph (a);

• (c) the name and address of the registered office of the producer, or if it is not a company, its head office or principal place of business.

• (3) The list must be arranged and indexed so that it is capable of being searched by a member of the public.