Legalize / United Kingdom / Statutory-Instrument

The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

Type Statutory-Instrument

Publication 2024-12-11

Last updated 2026-01-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Class of producer	Packaging in relation to which data reporting obligations apply	Descriptions of data to be reported (references are to paragraphs of Schedule 4)	Reporting period
Brand owner	Packaging for which LP is a producer by virtue of regulation 16	2, 3, 5, 6, 7, 9, 10, 12, 13	6 months
Packer/filler	Packaging for which LP is a producer by virtue of regulation 17	2, 3, 5, 6, 7, 9, 10, 12, 13	6 months
Importer or first UK owner	Packaging for which LP is a producer by virtue of regulation 18	2, 3, 5, 6, 7, 9, 10, 12, 13	6 months
Importer or first UK owner	Packaging for which LP is a producer by virtue of regulation 18	11	12 months
Distributor	Packaging for which LP is a producer by virtue of regulation 19	2, 3, 5, 6, 7, 9, 10, 12, 13	6 months
Distributor	Packaging for which LP is a producer by virtue of regulation 19	11	12 months
Online marketplace operator	Packaging for which LP is a producer by virtue of regulation 20	2, 3, 12, 13	6 months
Online marketplace operator	Packaging for which LP is a producer by virtue of regulation 20	4, 11	12 months
Service provider	Packaging for which LP is a producer by virtue of regulation 21	2, 3, 5, 6, 7, 9, 10, 12, 13	6 months
Service provider	Packaging for which LP is a producer by virtue of regulation 21	11	12 months
Seller	Packaging for which LP is a producer by virtue of regulation 22	11, ... 13	12 months

(2) Reports of data for which Table 2 specifies a 6 monthly reporting period must be submitted to the appropriate agency—

(a) on or before 1st October each year, for the period from 1st January to 30th June in that year; and

(b) on or before 1st April each year, for the period from 1st July to 31st December in the previous year.

(3) Reports of data for which Table 2 specifies a 12 monthly reporting period must be submitted to the appropriate agency on or before 1st April each year, for the previous calendar year.

(4) The first reports under this regulation must be submitted to the appropriate agency on or before 1st April 2025, for the period 1st January to 31st December 2024 or 1st July to 31st December 2024 as applicable.

(5) In relation to a report submitted for a period specified in paragraph (4), paragraphs (1) to (3) are subject to paragraph 2(1) and (2) of Schedule 15.

Reporting obligations: small producers

36

(1) A small producer (“SP”) of a class specified in the first column of Table 3 must, in relation to the packaging specified in the corresponding entry in the second column, report to the appropriate agency every 12 months, in accordance with paragraphs (2) and (3) and regulation 39, the descriptions of data specified in the third column.

Class of producer	Packaging in relation to which data reporting obligations apply	Descriptions of data to be reported (references are to paragraphs of Schedule 4)
Brand owner	Packaging for which SP is a producer by virtue of regulation 16.	2, 5, 7
Packer/filler	Packaging for which SP is a producer by virtue of regulation 17.	2, 5, 7
Importer or first UK owner	Packaging for which SP is a producer by virtue of regulation 18.	2, 5, 7, 11
Distributor	Packaging for which SP is a producer by virtue of regulation 19.	2, 5, 7, 11
Online marketplace operator	Packaging for which SP is a producer by virtue of regulation 20.	2, 3, 4, 11
Service provider	Packaging for which SP is a producer by virtue of regulation 21.	2, 5, 7, 11
Seller	Packaging for which SP is a producer by virtue of regulation 22.	11

(2) Reports under this regulation must be submitted to the appropriate agency on or before 1st April each year, for the previous calendar year.

(3) The first reports under this regulation must be submitted to the appropriate agency on or before 1st April 2025, for the calendar year 2024.

(4) In relation to a report submitted for 2024, paragraphs (1) and (2) are subject to paragraph 2(4) of Schedule 15.

Obligation to report results of recyclability assessments

37

(1) A producer that is a liable producer for the purposes of Part 5 must report to the appropriate agency every 6 months the results of its recyclability assessments of the household packaging supplied by the producer, in accordance with paragraphs (2) and (3) and regulation 39.

(2) Reports under this regulation must be submitted to the appropriate agency—

(a) on or before 1st October each year, for the period from 1st January to 30th June in that year; and

(b) on or before 1st April each year, for the period from 1st July to 31st December in the previous year.

(3) The first reports under this regulation must be submitted to the appropriate agency on or before 1st October 2025, for the period 1st January to 30th June 2025.

Obligation to report data on plastic or paper bags supplied in England

38

(1) A large producer or small producer who—

(a) is a seller; and

(b) supplies plastic or paper bags in England,

must report to the Environment Agency every 12 months, in accordance with paragraphs (2) and (3) and regulation 39, the information specified in paragraph 14 of Schedule 4.

(2) Reports under this regulation must be submitted to the Environment Agency on or before 1st April each year, for the previous calendar year.

(3) The first reports under this regulation must be submitted to the Environment Agency on or before 1st April 2026, for the period 1st January to 31st December 2025.

Reporting obligations: general provisions

39

(1) The obligations of producers under regulations 35 to 38 are subject to—

(a) regulation 42(2)(a) (producers: effect of compliance scheme membership); and

(b) paragraph 5 of Schedule 9 (corporate groups: effect of group registration).

(2) All reports submitted to the appropriate agency or to the Environment Agency under this Chapter must be—

(a) as accurate as reasonably possible;

(b) verified by the signature of an approved person of the producer; and

(3) Where a producer becomes aware that any information contained in a report which the producer has submitted to the appropriate agency or the Environment Agency under this Chapter was wrong or inaccurate, the producer must—

(a) submit an amended report to that agency containing the correct information; and

(b) pay that agency the charge in paragraph 2(3) of Schedule 1 for resubmitting a report.

CHAPTER 3 — Recycling and certification obligations

Recycling obligations

40

(1) Subject to regulation 42(2)(b) and to paragraph 5(1)(a) of Schedule 9, a large producer must comply with the recycling obligations set out in Schedule 5.

(2) A large producer may only demonstrate compliance with its recycling obligations through the acquisition of PRNs or PERNs or both.

(3) Subject to paragraph (4), a PRN or PERN that is issued in respect of packaging waste received for recycling at a reprocessing site or an overseas reprocessing site may only be used to demonstrate compliance with a large producer’s recycling obligations for the year in which the packaging waste is received for recycling at that site.

(4) A PRN that is issued in respect of packaging waste received for recycling at a reprocessing site, or a PERN that is issued in respect of packaging waste received for recycling at an overseas reprocessing site, in the December of a year may be relied on by a large producer to demonstrate compliance with its recycling obligations either in that year or in the following year.

Certification obligation

41

(1) A producer who has recycling obligations for a relevant year must submit, in accordance with this regulation, a certificate of compliance to the appropriate agency as evidence of whether the producer has complied with those obligations.

(2) A certificate of compliance must be submitted on or before 31st January in the year immediately following the relevant year.

(3) A certificate of compliance must—

(a) state whether the producer has complied with its recycling obligations for the relevant year; and

(b) be signed by an approved person of the producer to verify that statement.

(4) A certificate of compliance must also contain the following information—

(a) the name of the producer to which the certificate relates;

(b) the name of the approved person verifying the certificate;

PART 4 — Compliance schemes

CHAPTER 1 — General

Producers: effect of compliance scheme membership

42

(1) Where, in relation to a relevant year, a producer—

(a) is a member of a registered compliance scheme on the date specified in regulation 28(1) by which the producer would, but for this paragraph, be required to apply for registration;

(b) remains a member of the compliance scheme until the end of the relevant year; and

the producer is exempt from complying for the relevant year with its registration obligation under regulation 25(1)(a).

(2) Where a producer is a member of a registered compliance scheme throughout the whole of a relevant year, and satisfies the conditions in paragraph (3), the producer is exempt from complying for the relevant year with—

(a) its reporting obligations under regulation 25(1)(c);

(b) in the case of a producer to whom regulation 25(2) applies, its recycling obligations and certification obligation under that paragraph; and

(3) The conditions in this paragraph are that the producer—

(a) provides any information the scheme operator reasonably requests which is necessary for the purposes of meeting its obligations under regulation 43(3) in relation to that producer, within a reasonable period of receiving such a request; and

(b) pays any fee required for membership of the compliance scheme.

Obligations of compliance schemes

43

(1) A compliance scheme must be—

(a) approved in accordance with regulation 47; and

(b) registered in accordance with regulation 51, for each year that the scheme operates.

(2) A compliance scheme must have a single scheme operator, which must be a person established in the United Kingdom.

(3) The scheme operator must, in relation to a relevant year, carry out such of the following obligations that every producer who is a member of the compliance scheme would have had but for membership of the scheme—

(a) the registration obligations under regulation 25(1)(a) and Chapter 1 of Part 3;

(b) the reporting obligations under regulation 25(1)(c) and (d) and Chapter 2 of Part 3;

(4) For the purposes of paragraph (3), Part 3 applies to a scheme operator to the extent, and with the modifications, set out in regulation 44.

(5) Paragraph (3) is subject to regulation 46 in relation to a producer who joins or leaves a compliance scheme during a relevant year.

(6) The scheme operator must—

(a) keep records, and submit reports to the appropriate agency, in accordance with regulation 55; and

(b) submit an annual statement of compliance to the appropriate agency in accordance with regulation 56.

Producer responsibility obligations carried out by scheme operators

44

(1) For the purposes of regulation 43(3)(a) (obligation of scheme operator to carry out registration obligations of scheme members)—

(a) the scheme operator must make an application for registration of a producer on or before the date by which the producer would have been required under regulation 28 to make that application if the producer were not a member of the compliance scheme;

(b) regulations 29 and 30 apply in relation to the application, with the modifications that—

(i) the application must be signed by the approved person of the scheme operator to verify the information contained in or provided with the application;

(ii) the charges payable for the application are those in paragraph 4 of Schedule 1; and

(iii) the notice required to be served by the appropriate agency under regulation 30(2)(a) or (3) must be served on the scheme operator;

(c) the conditions in regulation 31 apply to the registration, with the modification that the first reference to P in each sub-paragraph is to be treated as including a reference to the scheme operator;

(d) regulation 32 applies in relation to the registration, with the modification that the grounds in paragraph (1) for cancelling the registration are to be treated as including the ground that it appears to the appropriate agency that the scheme operator is in breach of a condition in regulation 31 which applies to the scheme operator by virtue of sub-paragraph (c) above.

(2) For the purposes of regulation 43(3)(b) (obligation of scheme operator to carry out reporting obligations of scheme members) regulations 35 to 39 apply in relation to a report made by a scheme operator, with the modifications to regulation 39 that—

(a) the report must be verified by the signature of the approved person of the scheme operator; and

(b) the charge payable for resubmitting a report under regulation 39(3) is the charge in paragraph 3(3) of Schedule 1.

(3) For the purposes of regulation 43(3)(c) (obligation of scheme operator to carry out recycling obligations of scheme members), regulation 40 applies with the modification that all references to a large producer are to be treated as including references to the scheme operator.

Provision of information by producers to compliance schemes

45

(1) This regulation applies where a producer who is—

(a) a member of a compliance scheme; or

(b) applying for membership of a compliance scheme,

provides to the scheme operator any information which the scheme operator will need to rely upon for any of the purposes in paragraph (2).

(2) Those purposes are—

(a) an application under regulation 51 to register the compliance scheme for a registration year;

(b) carrying out any of the obligations referred to in regulation 43(3) in relation to the producer; or

(3) A producer who provides to a scheme operator any information referred to in paragraph (1) must—

(a) ensure that the information provided to the scheme operator is verified by the signature of the approved person of the producer; and

(b) ensure that the information is as accurate as reasonably possible.

Mid-year changes to compliance scheme membership

46

(1) Where a person who is a producer in respect of a relevant year (“P”) becomes a member of a compliance scheme during that year, the scheme operator must carry out the whole of P’s relevant obligations in relation to that year.

(2) Where P ceases to be a member of a compliance scheme during a relevant year, subject to paragraph (3) P must comply with the whole of its producer responsibility obligations in relation to that year.

(3) Where P ceases to be a member of one compliance scheme (“the first scheme”) and becomes a member of another compliance scheme (“the second scheme”) during that year, the scheme operator of the first scheme is not required to perform any of P’s relevant obligations for that year and the scheme operator of the second scheme must carry out the whole of those obligations in relation to that year.

(4) Paragraphs (1), (2) and (3) apply also in relation to an obligation which was carried out or partly carried out, or was due to have been carried out, by another person before the date of the change referred to in those paragraphs.

(5) In this regulation, “relevant obligation” means an obligation referred to in regulation 43(3).

CHAPTER 2 — Approval of compliance schemes

Application for approval of a compliance scheme

47

(1) An application for approval of a compliance scheme must be made in writing to the appropriate agency by the scheme operator and must—

(a) contain—

(i) the name and address of the scheme operator; and

(ii) such other information as may be required by the appropriate agency;

(b) be accompanied by a copy of—

(i) the constitution of the scheme;

(ii) the rules with which a member of the scheme is obliged to comply;

(iii) the procedures under which the scheme operator enforces the rules against a member of the scheme; and

(iv) an operational plan for the next three years which complies with Part 1 of Schedule 6, for approval by the appropriate agency.

(2) The charge in paragraph 3(1) of Schedule 1 must be paid by the scheme operator when an application for approval is made.

(3) An application for approval of a compliance scheme must be determined by the appropriate agency before the end of a period of 12 weeks starting with the day on which—

(a) the appropriate agency has received the application and all the accompanying documentation referred to in paragraph (1); and

(b) the charge referred to in paragraph (2) has been paid.

(4) An application for approval of a compliance scheme must be granted where—

(a) the application meets the requirements in paragraph (1) and the charge referred to in paragraph (2) has been paid;

(b) the appropriate agency is satisfied that—

(i) the compliance scheme is likely to subsist for a period of at least 3 years;

(ii) the scheme operator will be able to meet the conditions in regulation 48; and

(iii) the scheme operator is a fit and proper person to be an operator of a compliance scheme; and

and must otherwise be refused.

(5) Where an application for approval of a compliance scheme is determined—

(a) the appropriate agency must serve on the scheme operator notice in writing of its decision within 28 days of the day on which that decision is made;

(b) if the application has been refused, the notice must include—

(i) the reasons for the refusal; and

(ii) a statement as to the right of appeal under regulation 104(2)(a).

(6) Approval of a compliance scheme under this regulation, or treatment of a compliance scheme as being approved under paragraph 9(1) of Schedule 15, ceases to be valid on the occurrence of any of the following events—

(a) a conviction of the scheme operator for an offence under—

(i) these Regulations;

(ii) the 2007 Regulations;

(iii) the 2007 (NI) Regulations; or

(iv) the 2023 Data Regulations;

(b) the scheme operator notifying the appropriate agency under regulation 56 that it did not comply with the requirements of regulation 43 for the previous year of registration;

(c) the scheme operator failing to comply, where applicable, with any additional conditions imposed under regulation 48(2);

(d) a change in the person who is the scheme operator.

(7) Where any of the events in paragraph (6)(a), (b) or (c) occurs, and the scheme operator wishes to continue to operate the compliance scheme, a further application for approval in accordance with paragraph (1) must be made—

(a) within 28 days of the day on which an event mentioned in paragraph (6)(a) or (c) above occurred; or

(b) within 14 days of the day on which an event mentioned in paragraph (6)(b) occurred.

Conditions of approval of a compliance scheme

48

(1) Approval of a compliance scheme under regulation 47 is subject to the following conditions—

(a) the scheme operator complies with the obligations set out in regulation 43;

(b) the scheme operator takes reasonable steps to ensure that any information provided to it by scheme members which the scheme operator provides to the appropriate agency, or uses for a purpose referred to in regulation 45(2), is as accurate as reasonably possible;

(c) the scheme operator acquires PRNs or PERNs in a manner which least hinders the ability of any large producer or any other scheme operator to acquire PRNs or PERNs;

(d) the scheme operator provides any information reasonably requested by the appropriate agency for the purposes of monitoring compliance pursuant to regulation 109(1)(b);

(e) in relation to any year in which the compliance scheme is registered under regulation 51, the scheme operator complies with the conditions in regulation 53(c) and (d);

(f) where the scheme operator proposes to make any material change to the operational plan approved by the appropriate agency under regulation 47(4)(c) or 52(1)(d), the scheme operator—

(i) must submit a revised operational plan to the appropriate agency for approval; and

(ii) may not implement the change before the revised operational plan has been approved;

(g) where the scheme operator is a partnership, it notifies the appropriate agency in writing of any change proposed to the partners at least 12 weeks before the day on which the change will take effect or, if later, within 28 days of the scheme operator becoming aware that the change will take effect or has taken effect;

(h) the scheme operator provides records and returns to the appropriate agency as required by regulation 55;

(i) the scheme operator informs the appropriate agency as soon as reasonably practicable if the scheme operator becomes aware that any of the insolvency events in Schedule 2 has taken place or is about to take place in relation to it.

(2) Where the approval of a compliance scheme has ceased to be valid under regulation 47(6) and the scheme operator has made a further application for approval of the scheme under regulation 47(7), the appropriate agency may, if it grants the application, make approval of the scheme subject to any of the following additional conditions in relation to any year in which the scheme is registered under regulation 51, namely that the scheme operator—

(a) complies with 50% of its total recycling obligations before 30th June;

(b) complies with 75% of its total recycling obligations before 30th September;

(c) makes returns to the appropriate agency of information demonstrating compliance with the conditions set out at sub-paragraphs (a) and (b) on or before 15th July and 15th October respectively;

(d) does not accept any new members into the scheme.

(3) Any additional conditions imposed under paragraph (2) cease to apply at the beginning of the year following the approval year if the appropriate agency is satisfied that in the approval year the scheme operator complied with—

(a) the obligations under regulation 43(3); and

(b) the additional conditions.

(4) If additional conditions imposed under paragraph (2) cease to apply by virtue of paragraph (3), the appropriate agency must serve written notice of the cessation on the scheme operator within 28 days of the date on which the appropriate agency is satisfied in accordance with paragraph (3).

(5) In paragraph (3), “approval year” means the year for which approval was granted on an application under regulation 47(7).

Withdrawal of approval of a compliance scheme

49

(1) The appropriate agency may withdraw approval of a compliance scheme—

(a) where it appears to it that—

(i) the scheme operator is in breach of any of the conditions in regulation 48(1) or (2);

(ii) the scheme operator knowingly or recklessly supplied information which is false or misleading in a material particular, in connection with the application for approval or registration of the compliance scheme, or in connection with compliance with the conditions in regulation 48(1) or (2); or

(iii) the scheme operator is not a fit and proper person, or has at any time ceased to be a fit and proper person, to operate a compliance scheme; or

(b) at the request of the scheme operator.

(2) Before withdrawing approval of a compliance scheme, the appropriate agency must serve on the scheme operator written notice of—

(a) its decision to withdraw approval;

(b) where approval is being withdrawn under paragraph (1)(a)—

(i) the reasons for the decision;

(ii) the right of appeal under regulation 104(2)(c); and

(c) the date and time when the withdrawal takes effect, which must be no earlier than the date and time of service of the notice.

(3) Where approval of a compliance scheme has ceased to be valid under regulation 47(6), and no further application has been made in accordance with regulation 47(7), the approval is to be treated as withdrawn, and the appropriate agency must serve written notice on the scheme operator of its withdrawal.

(4) The notice served under paragraph (3) must include—

(a) the reasons why the approval has ceased to be valid; and

(b) a statement that the approval is to be treated as withdrawn, with effect from the date of the notice.

(5) The scheme operator of a compliance scheme in relation to which approval is withdrawn under this regulation must, within 14 days of the date on which the scheme operator received notice of the withdrawal, give each scheme member a notice in writing containing the following information—

(a) a statement that approval of the scheme has been withdrawn and the date when the withdrawal took effect, or will take effect, as the case may be;

(b) the reasons for the withdrawal; and

(c) the obligations under regulations 25 and 46(2) of a producer who ceases to be a member of a registered compliance scheme.

Voluntary withdrawal of approval

50

(1) A request for the withdrawal of approval made under regulation 49(1)(b) must—

(a) be made in writing to the appropriate agency on or before 9th July in a year;

(b) be accompanied by evidence that the scheme operator—

(i) will cease to operate the compliance scheme at the end of the year in which the request is made; and

(ii) has notified its members before 9th July in that year that it no longer intends to operate a compliance scheme in the following year.

(2) When the appropriate agency receives a request under regulation 49(1)(b), if the appropriate agency is satisfied by the evidence provided pursuant to paragraph (1), the appropriate agency must withdraw the compliance scheme’s approval with effect from the end of the year in which the request is received.

(3) The scheme operator must, notwithstanding the withdrawal of approval of a compliance scheme under paragraph (2), submit to the appropriate agency by the following 31st January the report required by regulation 55 and the compliance statement required by regulation 56 for the last year of the compliance scheme’s operation.

CHAPTER 3 — Registration of compliance schemes

Application for registration of a compliance scheme

51

(1) An application for registration of a compliance scheme for a year (“the registration year”) must be made to the appropriate agency by the scheme operator—

(a) on or before 1st April 2025, in relation to 2025; and

(b) on or before 1st October in the year preceding the registration year in relation to subsequent years.

(2) An application for registration of a compliance scheme must—

(a) be made in such manner as the appropriate agency specifies;

(b) contain the information set out in Part 2 of Schedule 6;

(c) be accompanied by such other information as the appropriate agency reasonably requires in order to determine the application;

(d) be accompanied by an operational plan containing the information required by Part 1 of Schedule 6, which has been approved by the appropriate agency under regulation 47(1)(b)(iv) or 48(1)(f), updated to the date on which the application for registration of the scheme is submitted; and

(e) except where the compliance scheme is registered in respect of the year preceding the registration year, be accompanied by evidence that the scheme is approved by the appropriate agency.

(3) Where a compliance scheme is approved after the date specified in paragraph (1) for applying for registration, the scheme operator must apply for registration as soon as practicable after receiving notice of the approval.

(4) The charge in paragraph 3(2) of Schedule 1 must be paid when the application is made.

(5) An application for the registration of a compliance scheme must be signed by an approved person of the scheme operator to verify the information contained in or accompanying the application.

(6) Any information provided under this regulation must be as accurate as reasonably possible.

Determination of application for compliance scheme registration

52

(1) An application for registration of a compliance scheme must be granted where—

(a) the scheme operator has complied with regulation 51(2) and (5);

(b) the scheme operator has paid the charge referred to in regulation 51(4);

(c) the appropriate agency is satisfied that the information provided in accordance with regulation 51(2) satisfies regulation 51(6); and

(d) the compliance scheme is approved by the appropriate agency,

and must otherwise be refused.

(2) Where an application for registration of a compliance scheme is granted—

(a) the appropriate agency must, within 28 days of its decision, serve on the scheme operator notice in writing of its decision; and

(b) the compliance scheme is to be treated as registered from the date specified in the notice under sub-paragraph (a) until any cancellation of the scheme’s registration in accordance with regulation 54.

(3) Where an application for registration of a compliance scheme is refused, the appropriate agency must, within 28 days of the decision to refuse the application, serve on the scheme operator notice in writing of that decision, setting out—

(a) the reasons for the decision;

(b) a statement as to the right of appeal under regulation 104(2)(d); and

(c) a statement that operating a compliance scheme without complying with the requirement to register the compliance scheme under regulations 43(1)(b) and 51 is an offence under regulation 116(a).

(4) Where an application for registration is refused on the grounds of failure to meet the requirements of regulation 51(2)(e), the scheme operator must make an application for approval of the compliance scheme in accordance with regulation 47 before making a further application for registration of the scheme under this regulation.

Conditions of registration of a compliance scheme

53

Registration of a compliance scheme is subject to the conditions that the scheme operator—

(a) complies with the obligations set out in regulation 43 and the conditions of the compliance scheme’s approval set out in regulation 48;

(b) provides any information reasonably requested by the appropriate agency with regard to the condition in paragraph (a) above;

(c) within 28 days of any change in the membership of the scheme, notifies the appropriate agency in writing of that change;

(d) informs the appropriate agency in writing of any material change in the information provided in accordance with regulation 51(2)(b) or (c) within 28 days of the occurrence of any such change;

(e) provides records and reports to the appropriate agency as required by regulation 55 and a statement of compliance as required by regulation 56;

(f) complies with the most recent version of the compliance scheme’s operational plan that has been submitted to and approved by the appropriate agency.

Cancellation of registration of a compliance scheme

54

(1) The appropriate agency may cancel the registration of a compliance scheme where it appears to the appropriate agency that the scheme operator—

(a) is in breach of any of the conditions set out in regulation 53; or

(b) has knowingly or recklessly supplied information to the appropriate agency which is false or misleading in a material particular, in connection with the application for registration, or with compliance with the conditions set out in regulation 53.

(2) The appropriate agency must cancel the registration of a compliance scheme if it withdraws approval of the scheme.

(3) Before cancelling the registration of a compliance scheme the appropriate agency must serve on the scheme operator written notice of—

(a) its decision to cancel the registration;

(b) the reasons for the decision;

(d) the date and time when the cancellation will take effect, which must be no earlier than the date and time of service of the notice.

(4) A scheme operator must give written notice to each member of the compliance scheme immediately if the scheme operator receives notice of cancellation of the scheme’s registration under paragraph (3).

CHAPTER 4 — Compliance schemes: records, reports and certificates

Records and reports

55

(1) A scheme operator must maintain, and retain for at least seven years after they are made, records for each calendar year of—

(a) the information reported to the appropriate agency under regulation 43(3)(b) in relation to each producer that is a member of the compliance scheme in that year;

(b) the total number of tonnes of packaging waste in each packaging category in relation to which the scheme operator is responsible under regulation 43(3)(c) for carrying out recycling obligations;

(c) the amount in tonnes, to the nearest tonne, of packaging waste in each packaging category received for recycling at a reprocessing site, or at an overseas reprocessing site as set out in the PRNs or PERNs acquired by the scheme operator.

(2) The scheme operator must report the information referred to in paragraph (1)(b) and (c) to the appropriate agency in accordance with paragraphs (3) and (4).

(3) Reports under paragraph (2) must be made for each calendar year and submitted to the appropriate agency on or before 31st January in the year following the year to which the information relates.

(4) A report under paragraph (2) must be—

(a) made in such form as the appropriate agency specifies;

(b) as accurate as reasonably possible; and

(5) The records maintained under paragraph (1) must be made available, on demand, to the appropriate agency.

Statement of compliance

56

(1) In relation to each year that a compliance scheme is registered, the scheme operator must send a statement to the appropriate agency in accordance with this regulation.

(2) The statement required by paragraph (1) must be sent to the appropriate agency by 31st January in each year following the year to which the statement relates.

(3) The statement must—

(a) confirm whether or not the scheme operator has complied with the requirements which apply to the compliance scheme under regulation 43 for the previous year of registration; and

(b) be signed by an approved person of the scheme operator to verify that statement.

PART 5 — Disposal costs

CHAPTER 1 — General

Interpretation of this Part

57

(1) In this Part and in Schedule 7—

“administration fee” means the fee payable to the scheme administrator for each assessment year by liable producers under regulation 60(2)(b) and by liable holding companies under paragraph 6(1)(b)(ii) of Schedule 9;

“assessment year” means a period commencing on 1st April in one year and ending on 31st March in the following year in respect of which— the chargeable disposal costs of each relevant authority are to be assessed; and a disposal fee and an administration fee are payable by each liable producer, and “assessment year” preceded by a year means the assessment year commencing on 1st April in that year;

“chargeable administration costs” has the meaning given in regulation 65(2);

“chargeable disposal costs”, in relation to a relevant authority and an assessment year, means— the relevant authority’s net efficient disposal costs for that assessment year, unless paragraph (b) applies; or where the relevant authority’s net efficient disposal costs for that assessment year are adjusted under regulation 72(8), those costs as so adjusted;

“disposal costs” means— the costs of relevant authorities referred to in regulation 69(1) as read together with paragraphs (2) and (3) of that regulation; and public information disposal costs;

“disposal fee” means the fee payable to the scheme administrator for each assessment year by liable producers under regulation 60(2)(a) and by liable holding companies under paragraph 6(1)(b)(i) of Schedule 9;

“efficient disposal costs” has the meaning given in regulation 70(6);

“liable holding company”, in relation to an assessment year, means a holding company which is part of a group registration and is liable under paragraph 6(1)(b) of Schedule 9 to pay disposal fees and administration fees to the scheme administrator for that assessment year;

“modulate” has the meaning given in regulation 64(3);

“net efficient disposal costs” means the efficient disposal costs in an assessment year, less expected waste income for that year, as determined under regulation 71(3);

“public information disposal costs” means costs incurred by the scheme administrator in providing a public information service about— the management of packaging waste; and the prevention of packaging litter.

(2) Where packaging sub-categories have been specified under regulation 7(11) for a packaging category (“the sub-divided packaging category”) for the purposes of a provision in this Part, any reference in that provision to a packaging category is to be read, in relation to the sub-divided packaging category, as a reference to those packaging sub-categories.

(3) In this Part—

(a) references to packaging, or to any description of packaging, do not include—

(i) exempt packaging; or

(ii) subject to regulation 136(2), drink containers made of any material other than glass;

(b) references to packaging waste or to any description of packaging waste do not, subject to regulation 136(2), include drink containers made of any material other than glass.

CHAPTER 2 — The scheme administrator

Scheme administrator

58

(1) The Secretary of State for Environment, Food and Rural Affairs, the Welsh Ministers, the Scottish Ministers and DAERA acting jointly—

(a) must appoint the scheme administrator for the purposes of these Regulations, when this regulation comes into force, and whenever the office of scheme administrator becomes vacant;

(b) may revoke the appointment of the scheme administrator.

(2) The scheme administrator is to have the functions conferred on it by these Regulations.

(3) Schedule 7 makes further provision in relation to the scheme administrator.

Power to direct the scheme administrator

59

(1) Where paragraph (3) applies, the appropriate authorities may, acting jointly, direct the scheme administrator—

(a) to take the action specified in the direction; or

(b) to refrain from taking the action specified in the direction.

(2) Where paragraphs (3) and (4) apply, a single appropriate authority may direct the scheme administrator—

(a) to take the action specified in the direction; or

(b) to refrain from taking the action specified in the direction.

(3) This paragraph applies if—

(a) the scheme administrator is acting, proposing to act, or failing to act; and

(b) in the opinion of each of the appropriate authorities who are issuing the direction, that action or failure to act is likely to have an adverse impact on the environmental effects which the extended producer responsibility for packaging policy is intended to achieve, as set out in a statement under regulation 127.

(4) This paragraph applies if—

(a) the direction relates solely to the performance by the scheme administrator of its functions in the nation of the United Kingdom for which the authority giving the direction is the appropriate authority; and

(b) the direction does not concern any matter outside the competence of the appropriate authority in question.

(5) The appropriate authorities may not issue a direction to the scheme administrator under paragraph (1) or (2) unless—

(a) the statement required under regulation 127 has been published; and

(b) the appropriate authorities issuing the direction have consulted the scheme administrator on the terms of the proposed direction.

(6) A direction given under paragraph (1) or (2) must—

(a) explain why the appropriate authorities consider that the conditions in paragraph (3) and, where applicable, paragraph (4) are satisfied;

(b) specify what action the scheme administrator is to take, or to refrain from taking;

(c) give the reasons for requiring the scheme administrator to take, or refrain from taking, the action specified in the direction.

(7) The scheme administrator must comply with any direction given under this regulation.

(8) A copy of a direction given under paragraph (1) or (2) must be published by the appropriate authorities.

(9) In paragraph (3)(b), “the extended producer responsibility for packaging policy” means the policy of imposing extended responsibility on producers in relation to packaging and packaging waste, including the imposition of liability on producers to pay disposal fees.

CHAPTER 3 — Producer responsibility for disposal and administration costs

Liability of producers to pay annual disposal and administration fees

60

(1) A person is a liable producer in relation to an assessment year if—

(a) the person is a producer in all or part of that assessment year; and

(b) in the calendar year ending on the 31st December preceding the start of that assessment year, the person—

(i) was a brand owner, a packer/filler, an importer or first UK owner, a distributor, an online marketplace operator or a service provider;

(ii) was a large producer; and

(iii) supplied household packaging.

(2) A person must, for each assessment year in relation to which the person is a liable producer, pay to the scheme administrator in accordance with regulation 68—

(a) a disposal fee; and

(b) an administration fee.

(3) The scheme administrator must for each assessment year, as soon as reasonably practicable after the start of the assessment year—

(a) calculate for each liable producer the amounts of—

(i) the disposal fee payable by that producer, in accordance with regulations 61 to 64 and 66; and

(ii) the administration fee payable by that producer, in accordance with regulations 65 and 66; and

(b) serve a notice of liability on each liable producer in accordance with regulation 67.

(4) In relation to corporate bodies that are registered with the appropriate agency as a group under paragraph 4 of Schedule 9, this Chapter applies subject to the modifications in paragraph 6 of Schedule 9.

Calculation of disposal fees

61

(1) The disposal fee payable by a liable producer for an assessment year is to be calculated as the sum of—

$$A±B±C$where—“A” is the sum of the fee for each packaging category of household packaging supplied by the liable producer, as calculated under regulation 62 and, where regulation 64 applies, modulated under that regulation;“B” is the liable producer’s share of the public information disposal costs expected to be incurred by the scheme administrator, calculated under regulation 63;“C” is the provision for impairments calculated for the liable producer under regulation 66(4)(a).$

(2) Regulations 62 and 63 are subject to paragraph 7(2) of Schedule 15 in relation to calculations made under those regulations for the 2025 and 2026 assessment years, and regulation 63 is also subject to paragraph 7(3) of Schedule 15 in relation to calculations made under that regulation for the 2025 assessment year.

Calculation of disposal fee: household packaging waste

62

(1) The scheme administrator must, for each liable producer, calculate the fee for each packaging category of household packaging supplied by that producer in accordance with the following formula—

$$DE×CW$where—“D” is the sum of the chargeable disposal costs of all relevant authorities for the assessment year in relation to household packaging waste in that packaging category;“E” is the total weight in tonnes of household packaging in that packaging category which the scheme administrator calculates has been supplied by all liable producers in the calendar year ending before the start of the assessment year , after subtraction of the total weight in tonnes of waste in that packaging category which is off-set under paragraph (2) for all liable producers;“CW” is the weight in tonnes of household packaging in that packaging category reported by or in relation to the producer , or, where regulation 67A(4) applies, estimated by the scheme administrator, as having been supplied in the calendar year ending before the start of the assessment year, after subtraction of the weight in tonnes of waste in that packaging category which is off-set under paragraph (2).$

(2) In calculating CW for a packaging category for the purposes of paragraph (1), the scheme administrator must, subject to paragraphs (2A) and (2B), off-set the weight in tonnes of relevant packaging waste and closed loop packaging waste in that packaging category reported by or in relation to the liable producer under paragraph 12(1) or (2) of Schedule 4.

(2A) The scheme administrator must calculate CW without off-setting any closed loop packaging waste reported under paragraph 12(2) of Schedule 4, if the liable producer has not paid the additional registration charge under regulation 29(3)(c) for the calendar year in question.

(2B) If, for a packaging category, the weight referred to in paragraph (2) is greater than the weight of household packaging reported by or in relation to the producer as having been supplied in the calendar year ending before the start of the assessment year, CW is 0.

(3) In calculating E for the purposes of paragraph (1), the scheme administrator—

(a) must take into account all household packaging reported by or in relation to all liable producers; and

(b) may estimate the weight, if any, of household packaging which has been supplied by liable producers where it appears to the scheme administrator that reporting obligations have not been complied with, or have not been fully complied with, in relation to the household packaging they have supplied.

(4) In this regulation, “relevant packaging waste” has the meaning given in regulation 34(4).

Calculation of disposal fee: costs of providing public information

63

(1) The scheme administrator must calculate each liable producer’s share of public information disposal costs as the sum of the amounts calculated for that producer under paragraphs (2), (4) and (6).

(2) Each liable producer’s share of public information disposal costs under this paragraph is the amount calculated in accordance with the formula—

$$PIC×CWTW$where—“PIC” is the total amount of public information disposal costs which the scheme administrator assesses under regulation 75 are likely to be incurred in the assessment year, less any part of that amount which the scheme administrator divides between certain producers under paragraphs (3) and (4) or paragraphs (5) and (6);“CW” is the weight in tonnes of household packaging reported by or in relation to the liable producer for whom the calculation is being made , or, where regulation 67A(4) applies, estimated by the scheme administrator, as having been supplied in the calendar year ending before the start of the assessment year;“TW” is the total weight in tonnes of household packaging calculated by the scheme administrator as having been supplied by all liable producers in the calendar year ending before the start of the assessment year.$

(3) Where a public information campaign relates only to packaging and packaging waste in certain packaging categories, the scheme administrator may choose to divide the costs of that campaign only among liable producers supplying household packaging in those packaging categories, in which case paragraph (4) applies.

(4) Where this paragraph applies, the scheme administrator must calculate the share of the costs of the campaign for which each producer referred to in paragraph (3) is liable, in accordance with the formula in paragraph (2) where—

“PIC” is the total amount of costs which the scheme administrator assesses are likely to be incurred in the assessment year in relation to that campaign;

“CW” is the weight in tonnes of household packaging in the packaging categories in question reported by or in relation to the liable producer for whom the calculation is being made , or, where regulation 67A(4) applies, estimated by the scheme administrator, as having been supplied in the calendar year ending before the start of the assessment year;

“TW” is the total weight in tonnes of household packaging in those packaging categories calculated by the scheme administrator as having been supplied by all liable producers in the calendar year ending before the start of the assessment year.

(5) Where a public information campaign relates only to the prevention of packaging litter, the scheme administrator may choose to divide the costs of that campaign only among liable producers who supply commonly binned or littered items of household packaging, in which case paragraph (6) applies.

(6) Where this paragraph applies, the scheme administrator must calculate the share of the costs of the campaign for which each producer referred to in paragraph (5) is liable, in accordance with the formula in paragraph (2) where—

“PIC” is the total amount of costs which the scheme administrator assesses are likely to be incurred in the assessment year in relation to that campaign;

“CW” is the weight in tonnes of commonly binned or littered items of household packaging reported by or in relation to the liable producer for whom the calculation is being made , or, where regulation 67A(4) applies, estimated by the scheme administrator, as having been supplied in the calendar year ending before the start of the assessment year;

“TW” is the total weight in tonnes of commonly binned or littered items of household packaging calculated by the scheme administrator as having been supplied by all liable producers in the calendar year ending before the start of the assessment year.

(7) In calculating TW for the purposes of paragraph (2), (4) or (6), the scheme administrator—

(a) must take into account all packaging reported by or in relation to all liable producers for whom the calculation under that paragraph is being made; and

(b) may estimate how much, if any—

(i) household packaging, where calculating TW for the purposes of paragraph (2);

(ii) household packaging in a packaging category, where calculating TW for the purposes of paragraph (4); or

(iii) commonly binned or littered items of household packaging, where calculating TW for the purposes of paragraph (6),

has been supplied by liable producers where it appears to the scheme administrator that reporting obligations have not been complied with, or have not been fully complied with, in relation to the packaging they have supplied.

Household packaging waste disposal fees: modulation

64

(1) This regulation applies in relation to the calculation of disposal fees payable by liable producers for the 2026 assessment year and subsequent assessment years.

(2) Subject to paragraphs (12)(b) and (13), the scheme administrator must, for each liable producer, modulate in accordance with this regulation the amounts calculated under regulation 62 (“household packaging waste disposal fees”) for each packaging category of household packaging supplied by the producer.

(3) In this regulation, to “modulate” an amount means to—

(a) apply an increase to the amount;

(b) apply a reduction to the amount; or

for the purposes in paragraph (4).

(4) Those purposes are—

(a) to reflect the extent to which household packaging supplied by the producer in the packaging category in question is environmentally sustainable; and

(b) to incentivize the producer to use packaging which is more environmentally sustainable.

(5) Where the scheme administrator modulates an amount that has been calculated for a liable producer under regulation 62, it must use the modulated amount in calculating the disposal fee payable by the producer.

(6) For the purposes of this regulation, packaging is “environmentally sustainable” if it is designed and manufactured to reduce—

(a) its impact on the environment; and

(b) the generation of waste.

(7) In assessing the extent to which household packaging is environmentally sustainable, the scheme administrator must take into account one or more of the following factors—

(a) whether the packaging is reusable;

(b) the extent to which the packaging is reused;

(d) the environmental impacts of the manufacture, transportation and use of the packaging;

(e) the environmental impact of the packaging when it becomes waste.

(f) whether the amount of packaging material used is no more than reasonably necessary to fulfil the purpose of the packaging.

(8) Where a liable producer has not provided sufficient information to enable the scheme administrator to determine for the purposes of paragraph (4)(a) the degree of environmental sustainability of all the household packaging supplied by that producer in a packaging category, the scheme administrator is to treat that packaging as having the same degree of environmental sustainability as the least environmentally sustainable household packaging in that packaging category.

(9) The scheme administrator must, in determining how to modulate a household packaging waste disposal fee, take into account any foreseeable environmental implications of its proposed decision.

(10) Where a household packaging waste disposal fee or part of such a fee relates to medical packaging, the scheme administrator must, in modulating that fee, take into account whether any other legislation which applies to the medical packaging prevents the producer from using, or restricts the ability of the producer to use, more environmentally sustainable packaging.

(11) The scheme administrator may not modulate household packaging waste disposal fees for an assessment year in a way which, taking all those modulations together, has the effect of increasing the total of those fees to an amount which is greater than the total amount of net efficient disposal costs likely to be incurred by relevant authorities in that assessment year in relation to household packaging waste.

(12) The scheme administrator—

(a) must modulate household packaging waste disposal fees under this regulation in accordance with the statement of policy published by the scheme administrator under paragraph 8 of Schedule 7; and

(b) may not make any modulations unless it has published that statement.

(13) Where paragraph (14) applies, the scheme administrator may defer starting to modulate household packaging waste disposal fees for online marketplace operators, either for one or more packaging categories or for all packaging categories, until a later assessment year than the 2026 assessment year.

(14) This paragraph applies if—

(a) the scheme administrator specifies packaging sub-categories for the purposes of paragraph 3 of Schedule 4 in relation to classes of producers other than online marketplace operators; and

(b) the scheme administrator considers that—

(i) it would be significantly more burdensome for online marketplace operators than for other classes of producers to be required to collect and report the information referred to in paragraph 3 of Schedule 4 for those packaging sub-categories; and

(ii) that burden would be disproportionate to the environmental benefit of modulating the fees for online marketplace operators.

Calculation of administration fee

65

(1) The scheme administrator must, for each assessment year—

(a) determine its chargeable administration costs, in accordance with paragraph (2); and

(b) calculate the amount of the administration fee payable by each liable producer, in accordance with paragraph (3).

(2) For the purposes of paragraph (1)(a), “chargeable administration costs” means the amount which the scheme administrator considers will enable it—

(a) to meet the expenses, other than public information disposal costs, that it expects to incur in that assessment year in carrying out its functions or for any incidental purposes;

(b) to pay any interest on relevant borrowing, and to repay the principal of any relevant borrowing which is repayable during the assessment year; and

(2A) Where the scheme administrator has delegated, or expects to delegate, any of its functions to another body under paragraph 1(1) or (2B) of Schedule 7, the expenses referred to in paragraph (2) include any payments that the scheme administrator expects to make to that body for carrying out those functions.

(3) The administration fee payable by each liable producer must be calculated as—

$$F±G$where—“F” is the liable producer’s share of chargeable administration costs, which is to be calculated by dividing the amount determined by the scheme administrator under paragraph (1)(a) between all liable producers in the same proportions as disposal fees are divided between liable producers for that assessment year; and“G” is the provision for impairments calculated for the liable producer under regulation 66(4)(b).$

(4) In paragraph (2)—

“relevant borrowing” means any money borrowed by the scheme administrator which has been used for the purpose of meeting expenses incurred in relation to its assumption or exercise of functions under these Regulations;

“relevant commencement expenses” means expenses incurred by the scheme administrator in preparation for the exercise of its functions under these Regulations.

Provision for impairments

66

(1) The scheme administrator must, for each assessment year, determine the percentage of (A+B), and of F, which is to be added to those amounts as provision for impairments.

(2) In these Regulations, an “impairment” means a fee or part of a fee charged to a liable producer which the scheme administrator is unable to recover, due to the producer’s insolvency or any other reason.

(3) The scheme administrator must make the determination under paragraph (1) in accordance with IFRS Accounting Standards[^f00051].

(4) The scheme administrator must calculate, for each liable producer—

(a) the amount (“C”) to be included in the liable producer’s disposal fee for the assessment year as a provision for impairments, where C is equal to the relevant percentage of (A+B);

(b) the amount (“G”) to be included in the liable producer’s administration fee for the relevant year as a provision for impairments, where G is equal to the relevant percentage of F.

(5) In this regulation—

“(A+B)” means the sum of A and B, where “A” and “B” have the meanings given in regulation 61;

“F” has the meaning given in regulation 65(3);

“the relevant percentage” means the percentage determined by the scheme administrator under paragraph (1) for the assessment year.

Notice of liability

67

(1) The scheme administrator must, for each assessment year, serve on each liable producer notice in writing of—

(a) the disposal fee payable by that producer for the assessment year; and

(b) the administration fee payable by that producer for the assessment year.

(2) That notice must—

(a) state the amount of the disposal fee due, and set out how that amount has been calculated, including the details in sub-paragraphs (b), (c) and (d);

(b) state the amount of packaging waste reported by the producer which has been off-set against the total amount of household packaging supplied by the producer for the purposes of regulation 62(1), and how that off-set has been applied;

(c) where the amounts calculated under regulation 62 have been modulated under regulation 64, state for each packaging category of household packaging supplied by the producer—

(i) whether the amount calculated under regulation 62 has been increased, reduced or left unchanged;

(ii) the amount of any increase or reduction;

(iii) the reasons for the decisions referred to in paragraphs (i) and (ii);

(d) state how much of the disposal fee is a provision for impairments;

(e) state the amount of the administration fee due, and set out how that amount has been calculated, including how much of the administration fee is a provision for impairments;

(f) the dates on which instalments of the disposal fee and administration fee are due, and the amount of each instalment;

(g) if interest is payable on any amounts referred to in sub-paragraph (f) which are not paid by the due dates—

(i) a statement to that effect; and

(ii) the rate of interest payable;

(h) a statement that the amount payable by the producer is subject to change following a recalculation under Chapter 5.

(3) The notice must also—

(a) provide information on the scheme administrator’s complaints procedure;

(b) state the rights of appeal available under regulation 105.

Payments and interest

68

(1) A liable producer who has received a notice of liability under regulation 67 or 67A must pay the disposal fee and the administration fee stated in the notice for the assessment year to the scheme administrator in quarterly instalments, or as otherwise specified in the notice of liability, by the date or dates specified in the notice of liability (the “due date”).

(2) The scheme administrator may, if the notice of liability includes a statement in accordance with regulation 67(2)(g) or 67A(7), charge a liable producer interest at the rate stated in that notice on the amount of any disposal fees or administration fees which are not paid by the liable producer by the due date.

(3) Any disposal fee , administration fee or interest which is owed to the scheme administrator under this regulation may be recovered as a debt due to the scheme administrator.

(4) A liable producer contravenes this paragraph (and, accordingly, is liable to civil sanctions under regulation 121 and Schedule 13) if the producer fails to pay an amount specified in a notice of liability by 50 days after the due date.

CHAPTER 4 — Assessment of disposal costs

Disposal costs of relevant authorities for household packaging waste

69

(1) For the purposes of this Chapter, the disposal costs incurred by a relevant authority in relation to the management of household packaging waste include—

(a) the costs of recovery operations (including recycling) and disposal operations in relation to that waste, including—

(i) collection;

(ii) sampling, sorting and other operations preliminary to the recovery or disposal of waste;

(iii) recovery and disposal operations;

(iv) storage;

(v) transfer; and

(vi) export;

(b) the costs of managing that waste through household waste recycling centres, including the costs referred to in sub-paragraph (a) in relation to such waste;

(c) the costs to the authority of providing public information about the management of household packaging waste, including the costs associated with both the planning and the execution of any information campaigns;

(d) the costs of marketing household packaging waste recovered for recycling.

(2) For the purposes of paragraph (1)—

(a) disposal costs include the costs of maintaining, operating and renewing vehicles, waste containers and receptacles, and other equipment, buildings and premises required for the recovery and disposal operations referred to in paragraph (1)(a) and (b);

(b) a “household waste recycling centre” is a place provided by a relevant authority in its area for the depositing of household waste by residents in its area and the recovery or disposal of such waste.

(3) Where any of the processes referred to in paragraph (1) are undertaken—

(a) by the relevant authority using its own staff, the costs of the process concerned are to be treated as including the costs of staff and other administrative or managerial costs associated with that process;

(b) by a third party on behalf of the authority, the costs of the process concerned are to be treated as the sum of—

(i) the amount charged to the authority by the third party for providing services to the authority in connection with that process, and

(ii) the administrative and managerial costs to the authority arising from the arrangements with the third party.

Assessment by the scheme administrator: relevant authority disposal costs

70

(1) The scheme administrator must, for each relevant authority, make the assessments required by this regulation—

(a) as soon as reasonably practicable after this regulation comes into force, for the 2025 assessment year; and

(b) by 1st November in 2025 and each subsequent year, for the assessment year beginning on the following 1st April.

(2) The scheme administrator must assess for each relevant authority—

(a) the efficient disposal costs of the relevant authority in providing a waste management service for household packaging waste in the assessment year—

(i) in total; and

(ii) for each packaging category of household packaging waste that the relevant authority is likely to manage in that assessment year; and

(b) the weight, in tonnes, of household packaging waste in each packaging category that the relevant authority is likely to manage in that assessment year.

(3) In assessing the efficient disposal costs referred to in paragraph (2)(a), the scheme administrator must, for the 2027 assessment year and any subsequent assessment year, take into account the factors referred to in regulation 73(1)(c).

(4) The scheme administrator must assess—

(a) the total weight, in tonnes, of household packaging waste likely to be managed by all relevant authorities in the assessment year; and

(b) the sum of the efficient disposal costs of all relevant authorities in the assessment year in providing a waste management service for household packaging waste.

(5) The scheme administrator must assess, for each packaging category of household packaging waste—

(a) the total weight, in tonnes, of household packaging waste in that packaging category which is likely to be managed by all relevant authorities in the assessment year;

(b) the weight of household packaging waste assessed under sub-paragraph (a) which is likely to be sent for recycling in the United Kingdom or exported for recycling in the assessment year;

(c) the weight of household packaging waste assessed under sub-paragraph (a) which is likely to be subject to recovery operations other than recycling or to disposal operations in the United Kingdom in the assessment year; and

(d) the sum of the efficient disposal costs of all relevant authorities in the assessment year in providing a waste management service for household packaging waste in that packaging category.

(6) In this regulation, the “efficient disposal costs” of a relevant authority are the disposal costs the relevant authority would incur if it provided an efficient waste management service.

(7) For the purpose of paragraph (6), a relevant authority provides an efficient waste management service if the disposal costs of the authority are as low as reasonably possible while facilitating achievement of the environmental effects set out in the policy statement published under regulation 127, taking into account—

(a) the waste management service provided by the authority; and

(b) any other factors specific to that authority, or to the area in relation to which it exercises its waste management functions, which in the opinion of the scheme administrator are likely to affect its disposal costs.

Adjustments to disposal costs: waste income and determination of net efficient disposal costs

71

(1) The scheme administrator must, for each assessment year, make the assessment in paragraph (2) and the calculations in paragraphs (3) and (4) in relation to each relevant authority—

(a) as soon as reasonably practicable after this regulation comes into force, for the 2025 assessment year; and

(b) by 1st November in 2025 and each subsequent year, for the assessment year beginning on the following 1st April.

(2) The scheme administrator must assess the amount of waste income which the relevant authority is likely to receive in the assessment year through the sale of household packaging waste for recycling, other recovery operations or disposal, in each packaging category of household packaging waste that the authority is likely to manage in the assessment year.

(3) The scheme administrator must calculate the net efficient disposal costs of the relevant authority for each packaging category of household packaging waste that the authority is likely to manage in the assessment year, in accordance with the formula—

$$EDC-EWI$ where— “EDC” means the efficient disposal costs of the relevant authority for that packaging category of household packaging waste, as assessed under regulation 70(2)(a)(ii); and “EWI” means the expected waste income of the relevant authority for that packaging category of household packaging waste, as assessed under paragraph (2).$

(4) The scheme administrator must determine the total net efficient disposal costs of the relevant authority for the assessment year by adding together the amounts calculated under paragraph (3) for each packaging category of household packaging waste that the authority is likely to manage in the assessment year.

Adjustments to disposal costs: effective service

72

(1) In each assessment year commencing with the 2028 assessment year, the scheme administrator must assess the extent to which each relevant authority is providing an effective waste management service in relation to household packaging waste (an “effectiveness assessment”).

(2) The scheme administrator may also make effectiveness assessments in the 2026 and 2027 assessment years if it is satisfied that it has sufficient data to make those assessments in relation to all relevant authorities for that assessment year.

(3) In making an effectiveness assessment in relation to a relevant authority, the scheme administrator may consider the following factors, where relevant to the relevant authority, together with any other factors the scheme administrator considers relevant—

(a) the amount of household packaging waste in each packaging category likely to be managed by the relevant authority in the assessment year;

(b) the proportion of that packaging waste which is being recycled by or on behalf of the relevant authority;

(c) any factors specific to the relevant authority or to the area in relation to which the relevant authority exercises its waste management functions, which in the opinion of the scheme administrator are likely to affect the performance of that relevant authority, including but not limited to the factors referred to in regulation 73(1)(c);

(d) government policies on waste management in any part of the United Kingdom, and regulatory requirements affecting waste management, so far as they are relevant to the relevant authority;

(e) the waste management service provided by other relevant authorities in a comparable position to the first relevant authority;

(f) how much household packaging waste a relevant authority in a comparable position to the first relevant authority would be able to manage in a year through recycling, other recovery operations and disposal operations if it was following good practice in waste management.

(4) The scheme administrator must take into account any factors referred to in paragraph (3)(c)—

(a) in making an effectiveness assessment in relation to a relevant authority for the 2027 assessment year, or for a later assessment year;

(b) in assessing, as part of an effectiveness assessment for any assessment year, whether a relevant authority is in a comparable position to other relevant authorities for the purposes of paragraph (3)(e) and (f).

(5) In assessing what amounts to good practice for the purposes of paragraph (3)(f), the scheme administrator may consider local, national or international examples of good practice.

(6) If the scheme administrator assesses that a relevant authority is not providing an effective waste management service it must—

(a) give notice in writing to the relevant authority, setting out the reasons why the scheme administrator considers that the authority is not providing an effective waste management service;

(b) provide the relevant authority with a reasonable opportunity to discuss with the scheme administrator—

(i) the scheme administrator’s assessment;

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.