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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

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(1) Where an appeal is made to the appeal body under regulation 104 or 105, subject to paragraphs (2) and (3), the decision, civil sanction or notice which is the subject of the appeal has effect until the appeal is determined or withdrawn, unless the appeal body decides otherwise.

(2) Any—

(a) civil sanction imposed under regulation 121, other than a compliance notice; or

(b) enforcement cost recovery notice issued under regulation 123,

which is the subject of an appeal is suspended until the appeal is determined or withdrawn.

(3) In the case of an appeal under regulation 104(1)(b), the decision appealed against does not have effect until the appeal is dismissed or withdrawn; and if the appeal is dismissed or withdrawn the decision has effect from the day after the day on which the appeal is dismissed or withdrawn.

Determination of appeals

108

Where, following an appeal under regulation 104 or 105, the appeal body determines that a decision of the scheme administrator or the appropriate agency (“the decision maker”) is to be varied or remitted to the decision maker for reconsideration, the decision maker must—

(a) comply with any directions given to it by the appeal body; and

(b) take any steps necessary to give effect to the appeal body’s determination.

PART 9 — Monitoring and enforcement

CHAPTER 1 — Powers and duties of the appropriate agency

Monitoring

109

(1) The appropriate agency must monitor—

(a) compliance by producers with—

(i) their producer responsibility obligations; and

(ii) the conditions of their registration in regulation 31;

(b) compliance by scheme operators with—

(i) the obligations referred to in regulation 43; and

(ii) the conditions referred to in regulation 48(1);

(c) compliance by reprocessors and exporters with the requirement to register in regulations 85(1) and 86(1) respectively;

(d) compliance by registered reprocessors and exporters with the conditions of registration in regulation 88;

(e) compliance by reprocessors and exporters with the prohibition in regulation 92 on issuing PRNs or PERNs unless the conditions for issuing PRNs or PERNs in that regulation are met;

(f) compliance by accredited reprocessors and exporters with the conditions of accreditation in regulation 98(b) to (d).

(2) The appropriate agency must also monitor the accuracy of the information provided to the appropriate agency by producers, scheme operators, reprocessors and exporters—

(a) in, or in relation to, any application under these Regulations;

(b) in any report, statement or certificate required by these Regulations.

(3) The appropriate agency must, as part of the monitoring undertaken under paragraph (1)(a), monitor a sample of producers each year.

Powers to obtain information

110

(1) The appropriate agency may, by notice in writing served on a person specified in paragraph (2), require that person to—

(a) maintain records of any information specified in the notice which the appropriate agency reasonably considers it needs for the purposes of its monitoring and enforcement functions under these Regulations; and

(b) supply to the appropriate agency any such information—

(i) in such form; and

(ii) at such time, or within such period following service of the notice,

as is specified in the notice.

(2) The persons referred to in paragraph (1) are—

(a) a person who has, or who the appropriate agency has reason to believe has, producer responsibility obligations;

(b) a scheme operator;

(d) a person who is, or who the appropriate agency has reason to believe is—

(i) issuing or purporting to issue PRNs or PERNs; or

(ii) engaged in trading in, or brokerage in relation to, PRNs or PERNs.

Monitoring plans and reports

111

(1) The appropriate agency must provide to the appropriate authority by 1st December, and publish by 31st December, in each year its proposed monitoring plan in respect of the following calendar year, describing—

(a) its policy in relation to the monitoring it is required to carry out under regulation 109;

(b) details of the monitoring it proposes to carry out in the following calendar year, including details of its proposals to monitor a sample of producers under regulation 109(3).

(2) The appropriate agency must publish by 31st May in each year, beginning with the year 2026, a report setting out—

(a) the monitoring and enforcement activities it has undertaken in the previous calendar year; and

(b) the extent to which those activities have implemented its monitoring plan for the year reported on, including a description of its performance against the monitoring plan.

CHAPTER 2 — Powers of entry etc.

Powers of entry etc: England, Wales and Scotland

112

(1) A person who appears suitable to the appropriate agency may, for the purposes of that agency’s functions under these Regulations, be authorised in writing by that agency to exercise the powers specified in paragraph (2).

(2) The powers specified in this paragraph are powers corresponding to those set out in section 108(4)(a) to (l) of the Environment Act 1995[^f00068] (“the 1995 Act”).

(3) In relation to the exercise of powers conferred under paragraph (1), provisions corresponding to the following provisions of the 1995 Act apply—

(a) in relation to England and Wales—

(i) section 108(6) to (7A), (7C) to (7F), (12), (12A) and (13); and

(ii) paragraphs 2 to 6 of Schedule 18;

(b) in relation to Scotland—

(i) section 108(6) to (7E), (12) and (13);

(ii) section 108A; and

(iii) paragraphs 2 to 6 of Schedule 18

(4) For the purposes of this regulation, the 1995 Act is to be read with the modifications in paragraph 1 of Schedule 12.

Powers of entry etc: Northern Ireland

113

(1) A person who appears suitable to DAERA may, for the purposes of DAERA’s functions under these Regulations, be authorised in writing by DAERA to exercise the powers specified in paragraph (2).

(2) The powers specified in this paragraph are powers corresponding to those set out in article 72(2)(a) to (k) of the Waste and Contaminated Land (Northern Ireland) Order 1997[^f00069] (“the 1997 Order”).

(3) In relation to the exercise of powers conferred under paragraph (1), provisions corresponding to the following provisions of the 1997 Order apply—

(a) article 72(4), (5), (9) and (10); and

(b) paragraphs 2 to 5 of Schedule 4.

(4) For the purposes of this regulation, the 1997 Order is to be read with the modifications in paragraph 2 of Schedule 12.

PART 10 — Offences and Civil Sanctions

CHAPTER 1 — General

Interpretation

114

In this Part and in Schedule 13—

“compliance notice” means a notice requiring a person to take such steps as are specified in the notice, within such time as is specified in the notice, to ensure that a contravention of a provision of these Regulations does not occur, continue or recur;

“enforcement agency” means— the appropriate agency, in relation to— an offence under regulation 115, 116, 117 or 118; or any civil sanction specified in the table in Part 1 of Schedule 13, other than a civil sanction referred to in sub-paragraph (b); the scheme administrator, in relation to a civil sanction imposed for a contravention of regulation 68(4) or paragraph 6(1) of Schedule 9 (failure to pay disposal or administration fees by 50 days after the due date);

“enforcement undertaking” means a written undertaking given by a person to the enforcement agency to take such action as may be specified in the undertaking within such period as may be so specified;

“fixed monetary penalty” means a penalty of the amount specified in paragraph 2(1) of Schedule 13;

“Scottish enforcement agency” means— SEPA; the scheme administrator, so far as it is imposing a civil sanction provided for in these Regulations in Scotland;

“variable monetary penalty” means a penalty of such amount as is determined by the enforcement agency.

CHAPTER 2 — Offences and penalties

Offences: producers

115

(1) It is an offence for a producer to whom regulation 25(1) applies—

(a) to carry on business as a producer without being registered, at any time at which the producer is required by regulation 25(1)(a) to be registered;

(b) to fail to apply to the appropriate agency for registration by the date specified in regulation 28(1), (2) , (2A), (2B) or (3), as applicable;

(d) to fail to report information which the producer is required to report by regulation 25(1)(c) or, where it applies to the producer, regulation 25(1)(d) or (3)(c);

(e) to fail to make a report of any of the information referred to in sub-paragraph (d) by the date on which that report is required to be made under regulation 35, 36, 37 or 38 ; or

(f) to report the information described in paragraph 12(2) of Schedule 4 (closed loop packaging waste) for a reporting period without having paid the additional registration charge payable under regulation 29(3)(c) for the relevant year in which that reporting period falls.

(2) Paragraph (1)(a) and (b) do not apply in respect of any period during which, under regulation 30(2)(c), the producer is treated as having been registered.

(3) It is an offence for a producer to whom regulation 25(2) applies to fail—

(a) to comply with the producer’s recycling obligation referred to in regulation 25(2)(a);

(b) to keep evidence as required by regulation 25(2)(b);

(4) A registered producer who does not comply with a condition of registration in regulation 31(b) or (c) (provision of information to the appropriate agency) commits an offence.

Offences: scheme operators

116

It is an offence for a scheme operator—

(a) to operate a compliance scheme without registering the compliance scheme under regulations 43(1)(b) and 51(1);

(b) to breach a condition of the compliance scheme’s registration in regulation 53;

(c) to fail to carry out the obligation to apply for the registration of a member of the compliance scheme under regulation 43(3)(a);

(d) to fail to make an application referred to in sub-paragraph (c) by the date on which that application is required to be made under regulation 44(1)(a);

(e) to fail to report information in relation to a member of the compliance scheme which the scheme operator is required to report under regulations 43(3)(b) and 44(2);

(f) to fail to make a report of any of the information referred to in sub-paragraph (e) by the date on which that report is required to be made under regulation 35, 36, 37 or 38, as those regulations apply by virtue of regulation 44(2);

(g) to fail to carry out the recycling obligations under regulation 43(3)(c) and 44(3);

(h) to fail to keep records and make returns to the appropriate agency as required by regulations 43(6)(a) and 55;

(i) to fail to submit a statement of compliance to the appropriate agency as required by regulation 56;

(j) to fail to give each member of the compliance scheme—

(i) the notice required by regulation 49(5) if approval of the compliance scheme is withdrawn; or

(ii) the notice required by regulation 54(4) if registration of the compliance scheme is cancelled.

Offences: reprocessors and exporters

117

(1) It is an offence for a person to—

(a) operate a reprocessing site at which a category of packaging waste is recycled or accepted for recycling, without being registered with the appropriate agency in accordance with regulation 85 as a reprocessor of that category of packaging waste at that reprocessing site; or

(b) export a category of packaging waste without being registered with the appropriate agency in accordance with regulation 86 as an exporter of that category of packaging waste.

(2) A reprocessor with a registration under regulation 85 or an exporter with a registration under regulation 86 commits an offence if the reprocessor or exporter—

(a) fails to comply with a condition of that registration in regulation 88; or

(b) contravenes a requirement in regulation 91 or in Part 2 of Schedule 8.

(3) It is an offence for a person to—

(a) issue a PRN otherwise than in accordance with regulation 92(1);

(b) issue a PERN otherwise than in accordance with regulation 92(2); or

(c) issue a PRN or a PERN pursuant to information which is false or misleading in a material particular, knowing the information to be false or misleading or being reckless as to whether it is false or misleading.

(4) A reprocessor or exporter who has an accreditation to issue PRNs or PERNs commits an offence if the reprocessor or exporter fails to comply with a condition of that accreditation in regulation 98 or Part 3 of Schedule 8.

Further offences

118

(1) A person who provides any information to the appropriate agency in connection with that agency’s functions under these Regulations, or who provides to a scheme operator any information referred to in regulation 45(1), commits an offence if—

(a) the information is false or misleading in a material particular; and

(b) the person provides the information knowing it to be false or misleading, or being reckless as to whether it is false or misleading.

(2) It is an offence for a person to fail without reasonable excuse—

(a) to comply with any requirement imposed in a notice under regulation 110(1); or

(b) to give an officer of an appropriate agency any assistance or information which that officer reasonably requires in the exercise of their powers under regulation 112.

(3) It is an offence for a person intentionally to delay or obstruct a person authorised by the appropriate agency—

(a) in carrying out monitoring under regulation 109; or

(b) in the exercise of their powers under regulation 112.

(4) Where in accordance with Schedule 9 there is a group registration, the holding company commits an offence if it does not comply with an obligation referred to in sub-paragraph (1)(b) or (c) or (2)(a) or (b) of paragraph 5 of Schedule 9.

(4A) It is an offence in Scotland for—

(a) a licensor to which Part 1 of Schedule 10 applies to fail to—

(i) collect and keep data as required by paragraph 5 of Schedule 10; or

(ii) report data as required by paragraph 6 of Schedule 10;

(b) a pub operating business to which Part 2 of Schedule 10 applies to fail to—

(i) collect and keep data as required by paragraph 12 of Schedule 10; or

(ii) report data as required by paragraph 13 of Schedule 10.

(5) A person commits an offence if that person fails to comply with a compliance notice imposed, or an enforcement undertaking given and accepted, under regulation 121.

Penalties for offences

119

An offence under any of regulations 115 to 118 is punishable—

(a) on conviction on indictment, by a fine; or

(b) on summary conviction—

(i) in England and Wales, by a fine;

(ii) in Scotland or Northern Ireland, by a fine not exceeding the statutory maximum.

Offences: supplementary

120

(1) Where—

(a) an offence under these Regulations has been committed by a body corporate, partnership or unincorporated association; and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual; or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2) If an offence committed by a person under these Regulations is due to the act or default of some other person, that other person is also guilty of the offence and liable to be proceeded against and punished accordingly, whether or not proceedings for the offence are taken against the first-mentioned person.

(3) In paragraph (1), “relevant individual” means—

(a) in relation to a body corporate—

(i) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(ii) where the affairs of the body are managed by its members, a member;

(b) in relation to an LLP, a member;

(d) in relation to an unincorporated association, a person who is concerned in the management or control of the association.

CHAPTER 3 — Civil Sanctions

Civil sanctions

121

(1) Where an enforcement agency to which the table of civil sanctions in Part 1 of Schedule 13 applies is satisfied on the balance of probabilities that a person has contravened a requirement or prohibition specified in that table (a “relevant requirement or prohibition”), the enforcement agency may, in relation to that contravention—

(a) impose on that person—

(i) a fixed monetary penalty in accordance with Part 2 of Schedule 13;

(ii) a variable monetary penalty in accordance with Part 3 of Schedule 13; or

(iii) a compliance notice in accordance with Part 4 of Schedule 13; or

(b) accept an enforcement undertaking from that person, in accordance with Part 5 of Schedule 13,

where, in the entry in the table for the relevant requirement or prohibition, “yes” is stated in the column for that civil sanction.

(2) Where an enforcement agency is satisfied on the balance of probabilities that—

(a) a relevant requirement or prohibition has been contravened by a body corporate, partnership or unincorporated association; and

(b) the contravention occurred with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual; or

(ii) an individual purporting to act in the capacity of a relevant individual,

the enforcement agency may impose a specified civil sanction on, or accept an enforcement undertaking from, that individual as well as the body corporate, partnership or unincorporated association.

(3) If the enforcement agency is satisfied, on the balance of probabilities, that the contravention of a relevant requirement or prohibition by a person is due to the act or default of some other person, the enforcement agency may also impose a specified civil sanction on that other person, or accept an enforcement undertaking from that other person, whether or not such a sanction is imposed on, or such an undertaking is accepted from, the first-mentioned person.

(4) An enforcement agency, other than a Scottish enforcement agency, may recover a fixed monetary penalty or a variable monetary penalty—

(a) as a civil debt; or

(b) on the order of a court, as if payable under a court order.

(5) In this regulation—

(a) “relevant individual” has the meaning given in regulation 120(3);

(b) “specified civil sanction” means a civil sanction specified in the table in Part 1 of Schedule 13 as applying in relation to the relevant requirement or prohibition in question.

(6) This regulation is subject to regulation 122 in respect of its application to Scottish enforcement agencies.

Civil sanctions: Scottish enforcement agencies

122

(1) In regulation 121(1), sub-paragraphs (a)(i) and (ii) and (b) do not apply to SEPA.

(2) In regulation 121, paragraphs (2) and (3) only apply to SEPA to the extent to which they relate to a compliance notice issued by SEPA under regulation 121(1)(a)(iii).

(3) The scheme administrator may recover a fixed monetary penalty or a variable monetary penalty which it has imposed in Scotland as a civil debt, and the amount is recoverable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of any sheriffdom.

(4) The Lord Advocate may issue, and from time to time revise, guidance to the scheme administrator on the exercise of its functions relating to enforcement measures in Scotland.

(5) The scheme administrator must have regard to any guidance issued under paragraph (4) in exercising those functions in Scotland.

Enforcement cost recovery notices

123

(1) An enforcement agency other than SEPA may serve a notice (“an enforcement cost recovery notice”) on a person on whom a variable monetary penalty notice or compliance notice has been served requiring that person to pay the costs incurred by the enforcement agency in relation to the imposition of that notice up to the time of its imposition.

(2) SEPA may serve an enforcement cost recovery notice on a person on whom a compliance notice has been served requiring that person to pay the costs incurred by SEPA in relation to the imposition of that notice up to the time of its imposition.

(3) The costs referred to in paragraphs (1) and (2) include in particular—

(a) investigation costs;

(b) administration costs;

(4) The enforcement cost recovery notice must specify—

(a) how payment must be made;

(b) the amount required to be paid and the period in which payment must be made, which must not be less than 28 days beginning with the day on which the enforcement cost recovery notice is served;

(d) the right of appeal; and

(e) the consequences of failure to comply with the notice in the specified period.

(5) The person on whom the notice is served may require the enforcement agency to provide a detailed breakdown of the amount.

(6) The person required to pay costs is not liable to pay any costs shown by that person to have been unnecessarily incurred.

(7) The person required to pay costs may appeal—

(a) against the decision of the enforcement agency to impose the requirement to pay costs; or

(b) against the decision of the enforcement agency as to the amount of those costs.

(8) An enforcement agency other than a Scottish enforcement agency may recover any costs required to be paid under an enforcement cost recovery notice—

(a) as a civil debt; or

(b) on the order of a court, as if payable under a court order.

(9) A Scottish enforcement agency may recover as a civil debt any costs required to be paid under an enforcement cost recovery notice, and the amount is recoverable as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of any sheriffdom.

Payment of penalties into Consolidated Fund etc

124

(1) Where an enforcement agency receives any penalty under this Part, the agency must pay it into the relevant fund.

(2) In paragraph (1), “the relevant fund” means—

(a) the Consolidated Fund, in relation to a penalty received by—

(i) the Environment Agency;

(ii) the scheme administrator, except where the penalty was imposed in Wales, Northern Ireland or Scotland;

(b) the Welsh Consolidated Fund, in relation to a penalty received by—

(i) NRW;

(ii) the scheme administrator, where the penalty was imposed in Wales;

(i) DAERA;

(ii) the scheme administrator, where the penalty was imposed in Northern Ireland;

(d) the Scottish Consolidated Fund, in relation to a penalty received by a Scottish enforcement agency.

Withdrawing or amending a notice

125

(1) An enforcement agency other than SEPA may at any time in writing—

(a) withdraw a fixed monetary penalty notice;

(b) withdraw, or reduce the amount specified in, a variable monetary penalty notice or an enforcement cost recovery notice;

(c) withdraw a compliance notice, or amend the steps specified in the notice so as to reduce the amount of work necessary to comply with the notice.

(2) SEPA may at any time in writing withdraw a compliance notice, or amend the steps specified in the notice so as to reduce the amount of work necessary to comply with the notice.

Publication of enforcement action

126

(1) Where a civil sanction is imposed under this Part, the appropriate agency must publish in the public register maintained under regulation 129—

(a) details of the contravention in respect of which the civil sanction has been imposed;

(b) where the civil sanction is a fixed monetary penalty, whether liability to the penalty has been discharged by payment of the penalty following the notice of intent and without further action being taken;

(2) The information referred to in paragraph (1) must be entered on the register within 28 days after the day on which a civil sanction is imposed, liability to a fixed monetary penalty is discharged, or an enforcement undertaking is accepted, as the case may be.

(3) The scheme administrator must provide the information described in paragraph (1) in relation to any civil sanction it has imposed to the appropriate agency for publication in the register under paragraph (1).

(4) Where a civil sanction which has been imposed is overturned on appeal, the enforcement agency which imposed the civil sanction must ensure that any information relating to that civil sanction is removed from the register.

PART 11 — Miscellaneous and supplementary

Policy statement

127

(1) The appropriate authorities must jointly publish a statement setting out—

(a) the intended environmental effects of the extended producer responsibility for packaging policy;

(b) how that policy is intended to achieve those effects.

(2) In paragraph (1), “the extended producer responsibility for packaging policy” has the meaning given in regulation 59(9).

Guidance and protocols

128

(1) Each appropriate agency may from time to time publish its own guidance consisting of such information or advice as it considers appropriate in relation to the operation of any provision of these Regulations.

(2) The appropriate agencies must jointly publish—

(a) guidance about the criteria which they will apply in determining whether a person is a fit and proper person for the purposes of these Regulations;

(b) guidance for producers about the evidence which may be used to demonstrate that the conditions in regulation 8(2) or (3) (household packaging) are met;

(c) a list of protocols applying in the United Kingdom which are approved by all the appropriate agencies for the purposes of paragraph 22(2)(b) of Schedule 8.

(3) The appropriate agencies may take the following factors into account in the preparation of guidance under paragraph (2)(b)—

(a) the size and weight of packaging;

(b) whether the supply of a product is subject to any restrictions imposed by or under primary legislation;

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

(e) any other factors the appropriate agencies consider relevant.

Public register

129

(1) The appropriate agencies must jointly maintain and make available in accordance with this regulation a register relating to—

(a) the producers registered in accordance with Part 3;

(b) the compliance schemes—

(i) approved in accordance with Chapter 2 of Part 4;

(ii) registered in accordance with Chapter 3 of Part 4;

(i) registered in accordance with Chapter 2 of Part 6;

(ii) accredited in accordance with Chapter 3 of Part 6.

(2) The register must contain the information prescribed in Schedule 14.

(3) The appropriate agencies must ensure that the register can be inspected online.

(4) The register may be kept in any form but must be indexed, arranged and searchable so that members of the public can readily trace information contained in it.

(5) The appropriate agencies must enter information on the register as soon as reasonably practicable after it comes into their possession.

(6) Nothing in this regulation or in Schedule 14 requires the register to contain—

(a) any information relating to, or to anything which is the subject-matter of, any criminal proceedings, including prospective proceedings, at any time before those proceedings are finally disposed of; or

(b) any information which has been superseded by later information after 7 years have elapsed from the day on which that later information is entered in the register.

Database of reported information

130

(1) The appropriate agencies must establish a common database, managed by or on behalf of the appropriate agencies for the purposes of this regulation, to contain—

(a) in relation to each producer—

(i) the information under paragraph 11 of Schedule 3 contained in the application for registration of the producer;

(ii) the information reported—

(aa) by the producer under Chapter 2 of Part 3; or

(bb) in relation to the producer, by a scheme operator under the provisions of that Chapter as applied by regulation 44, or by a holding company under paragraph 5 of Schedule 9;

(b) in relation to each compliance scheme, the information referred to in regulation 56(3)(a) reported by the scheme operator under that regulation;

(c) in relation to each reprocessor with an accreditation under Chapter 3 of Part 6, the information reported under paragraph 26(1) of Schedule 8;

(d) in relation to each exporter with an accreditation under Chapter 3 of Part 6, the information reported under paragraph 29(1) of Schedule 8.

(2) Each appropriate agency must, as soon as reasonably practicable after receiving the data referred to in paragraph (1)—

(a) collate that data and add it to the database; and

(b) publish a report of the data in aggregated and anonymised form.

(3) Each appropriate agency must, by 30th April in each year, provide each appropriate authority with an annual report summarising the aggregated data received by the agency in relation to the previous calendar year.

Fit and proper person test

131

(1) This regulation applies where the appropriate agency is determining whether—

(a) a scheme operator is a fit and proper person for the purposes of regulation 47(4)(b) or 49(1)(a); or

(b) a reprocessor or exporter is a fit and proper person for the purposes of regulation 97(2)(c) or 100(1)(c).

(2) The appropriate agency may not determine that a person is a fit and proper person unless the appropriate agency is satisfied that the person will comply or will secure compliance with the conditions which apply—

(a) to the approval of a registered compliance scheme, where the person is a scheme operator;

(b) to any accreditation granted to the person, where the person is a reprocessor or an exporter.

(3) In determining whether a person is a fit and proper person, the appropriate agency may take into account—

(a) whether the person, or a relevant associate of the person, is failing, or has in the past failed, to comply with—

(i) any of the conditions described in paragraph (2), whether imposed under these Regulations, the 2007 Regulations or the 2007 (NI) Regulations; or

(ii) any regulatory requirements applying to that person or that person’s activities;

(b) whether the person, or a relevant associate of the person, has been convicted of a relevant offence;

(c) the nature and seriousness of any failure to comply referred to in sub-paragraph (a), or of any relevant offence referred to in sub-paragraph (b); and

(d) any other factor which the appropriate agency considers relevant to its determination.

(4) For the purposes of sub-paragraph (3)—

“regulatory requirements” means requirements imposed in or under primary or secondary legislation or assimilated EU law, including but not limited to requirements relating to the protection of the environment;

“relevant associate” means— where the person whose status as a fit and proper person is being considered (“A”) is an individual— any company of which A is or has been a director, manager, secretary or other similar officer, or over which A has, or has had, significant control; any partnership of which A is, or has been, a partner; any LLP of which A is, or has been, a member; any individual who is an officer of a company referred to in paragraph (i), a partner of a partnership referred to in paragraph (ii), or a member of an LLP referred to in paragraph (iii); where A is a partnership, a partner or former partner; where A is an LLP, a member or former member; where A is a body corporate— a current or former director, manager, secretary or other similar officer; any other body corporate of which a director, manager, secretary or other similar officer of A is or has been a director, manager, secretary or other similar officer; any body corporate within the same group as A, or over which a person who has significant control over A also has significant control; and any person who is a member of that body corporate; where A is an unincorporated association, any officer of the association, or member of its governing body; an employee of— A; a partnership of which A is or has been a partner; an LLP of which A is or has been a member; a body corporate of which A is or was a director, manager, secretary or other officer; any other person who plays a significant role in— the making of decisions about how the whole or a substantial part of A’s activities are to be managed, controlled or operated; or the actual management, control or operation of the whole or a substantial part of those activities; a person who is an approved person in relation to A;

“relevant offence” means an offence which the appropriate agency considers to be relevant to the determination referred to in paragraph (1).

(5) For the purposes of the definition of “relevant associate” in paragraph (4)—

“group” means a parent undertaking and its subsidiary undertakings, and for this purpose “parent undertaking” and “subsidiary undertakings” have the meanings given in section 1162 of the Companies Act 2006, read with Schedule 7 to that Act[^f00070];

“significant control” has the meaning given in section 790C of, and Part 1 of Schedule 1A to, the Companies Act 2006[^f00071].

Approved persons

132

(1) This regulation applies to any person (a “relevant person”) who is—

(a) a producer that is registered or applying for registration, or a holding company that has registered or is applying for registration of a corporate group;

(b) the scheme operator of a compliance scheme that is approved or in respect of which an application for approval has been made;

(2) A relevant person must—

(a) subject to paragraph 8 of Schedule 15, inform the appropriate agency by notice in writing of the names of one or more individuals meeting the criteria in paragraph (4), who are to be their approved person or persons; and

(b) inform the appropriate agency by notice in writing of any changes to their approved person or persons.

(3) A notice under paragraph (2) must be given in such form and manner, and include such information, as the appropriate agency specifies.

(4) The persons who may be an approved person are—

(a) where the relevant person is an individual, that individual;

(b) where the relevant person is a partnership, a partner in that partnership;

(d) where the relevant person is a company registered in the United Kingdom, a director or company secretary of that company;

(e) where the relevant person is an unincorporated association, an individual who has control or management of that association; or

(f) where the relevant person is a company which does not have a registered office in the United Kingdom, an individual who has control or management of the relevant person.

Delegation of approved persons’ functions

133

(1) An approved person may delegate their functions to any other person (a “delegate”), subject to the delegation being approved by the appropriate agency under this regulation.

(2) An application to delegate an approved person’s functions must be made in accordance with regulation 134.

(3) The appropriate agency must grant the application if it is satisfied, taking into account the factors specified in paragraph (4), that the proposed delegate is capable of carrying out the functions on behalf of the approved person, and must otherwise refuse the application.

(4) The factors mentioned in paragraph (3) are—

(a) if the proposed delegate is an employee of the relevant person, the proposed delegate’s level of seniority;

(b) if the proposed delegate is not an employee of the relevant person, the nature of the proposed delegate’s relationship with the approved person;

(c) the degree of the proposed delegate’s knowledge of, or access to, information necessary for the purposes of carrying out the functions on behalf of the approved person; and

(d) any other factor which the appropriate agency reasonably thinks is relevant.

(5) Where a delegation of an approved person’s functions has been approved under this regulation—

(a) either the approved person or the delegate may perform those functions;

(b) the performance of a function by the delegate is to be treated as an act of the approved person;

(c) the approved person is responsible for ensuring that any functions performed by the delegate are performed in accordance with these Regulations.

(6) In this regulation—

“function” means anything which a provision of these Regulations requires to be done by an approved person;

“the relevant person” has the same meaning as in regulation 132.

Delegation of approved persons’ functions: supplementary

134

(1) An application to delegate an approved person’s functions must be—

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

(b) signed by the approved person and the proposed delegate.

(2) The appropriate agency must, within 28 days of the day on which it receives an application under regulation 133—

(a) determine the application; and

(b) serve written notice of its decision on the applicant and the proposed delegate.

(3) An approval granted under regulation 133 may be for such period, or subject to such conditions, as the appropriate agency may specify.

(4) A notice under paragraph (2)(b) must set out—

(a) where the application is granted, any conditions to which the approval is subject;

(b) where the application is refused—

(i) the reasons for that refusal; and

(ii) the right of appeal under regulation 104(5).

(5) The appropriate agency may decide to withdraw an approval granted under regulation 133 if it is no longer satisfied of the matter referred to in regulation 133(3).

(6) Where an approval is withdrawn under paragraph (5), the appropriate agency must serve on the approved person and the delegate written notice of—

(a) the decision to withdraw approval;

(b) the reasons for the decision;

(d) the right of appeal under regulation 104(5).

(7) An approved person may revoke a delegation which has been approved under regulation 133.

(8) Where an approved person proposes to revoke a delegation under paragraph (7), the approved person must give notice in writing of the revocation to the appropriate agency and the delegate, stating the date on which the revocation takes effect.

135

(1) Any information provided under these Regulations to—

(a) an appropriate agency;

(b) the scheme administrator; or

(c) a Producer Responsibility Organisation appointed under paragraph 1(2B) of Schedule 7, or a body with which the scheme administrator enters into an agreement under paragraph 1(1) of Schedule 7,

may be shared with any other of those bodies.

(2) Each appropriate agency and the scheme administrator must enter into appropriate arrangements with each other to ensure that they each have access to the information they require in order to exercise their functions under these Regulations.

Implementation of relevant deposit schemes

136

(1) Paragraph (2) applies if, on 1st January 2028, no relevant deposit scheme has come into operation in any part of the United Kingdom.

(2) If this paragraph applies—

(a) in relation to the period beginning on 1st January 2028 and ending at the end of the calendar year in which a relevant deposit scheme comes into operation in any part of the United Kingdom—

(i) regulation 7 (packaging and packaging categories) applies as if paragraph (8) were omitted;

(ii) regulation 25 (producer responsibility obligations) applies as if paragraph (5)(b) were omitted;

(iii) regulation 34 (record keeping obligations) applies as if, in paragraph (4), the words from “but” to the end were omitted;

(b) regulation 57 (interpretation of Part 5: disposal costs) applies as if, in paragraph (3), sub-paragraphs (a)(ii) and (b) were omitted, in relation to the assessment year beginning on 1st April 2028 and each subsequent assessment year, unless a relevant deposit scheme has come into operation in any part of the United Kingdom before the start of that assessment year.

Transitional, transitory and saving provisions

137

Schedule 15 (transitional, transitory and saving provisions) has effect.

Consequential amendments

138

Schedule 16 (consequential amendments) has effect.

Revocations

139

(1) The instruments listed in paragraph 1 of Schedule 17 are revoked.

(2) The instruments listed in paragraph 2 of Schedule 17 are revoked on 1st January 2026.

Review

140

(1) The appropriate authorities must from time to time—

(a) carry out a joint review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the joint review.

(2) The first report must be published before 31st December 2028.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015[^f00072] requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are achieved;

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

SCHEDULE 1 — Charges

Payment of charges

1

(1) The charges set out in paragraphs 2 to 6 of this Schedule are payable for the matters set out in those paragraphs, subject to paragraphs 7 to 9.

(2) The charges payable under this Schedule for an application, submission or notification are payable to the appropriate agency by the person making the relevant application, submission or notification, and are due and payable in full on the making of the relevant application, submission or notification.

(3) Where for any reason an application is refused or withdrawn, the appropriate agency is not under any obligation to refund the whole or any part of a charge that has been paid for the application, unless the application is withdrawn before the appropriate agency has begun to consider it.

Producers

2

(1) The charge for an application for registration of a producer under regulation 29 is the total of—

(a) £2,842 for a large producer other than a producer referred to in paragraph (d);

(b) £1,303 for a small producer other than a producer referred to in paragraph (d);

(c) £2,885 in addition to the charge in paragraph (a), (b) or (d), as appropriate, where the producer is an online marketplace operator;

(d) for producers which are subsidiaries to be registered as part of a group registration—

(i) £690 for each producer for the first 20 subsidiaries which are to be so registered;

(ii) £172 for each producer from the 21st subsidiary to the 100th subsidiary which are to be so registered.

(2) The additional charge referred to in regulation 29(3)(b) for a late application for registration of a producer is £386.

(2A) The additional charge referred to in regulation 29(3)(c) for a large producer who wishes to report an amount of closed loop packaging waste under paragraph 12(2) of Schedule 4 in a report to the appropriate agency for one or both reporting periods in the relevant year is £2,548.

(3) The charge referred to in regulation 39(3)(b) and paragraph 3(2)(b) of Schedule 15 for resubmitting a report is £807 for each producer in relation to which amended information is submitted.

Compliance schemes

3

(1) The charge for an application for approval of a compliance scheme under regulation 47 is £8,691.

(2) The charge for an application for registration of a compliance scheme under regulation 51 is £14,702.

(3) The charge referred to in regulation 44(2)(b) and paragraph 3(7)(a) of Schedule 15 for resubmitting a report is £512 for each producer in relation to which amended information is submitted.

Registration of producers which are compliance scheme members

4

(1) The charge for an application by a scheme operator for producer registration for members of a compliance scheme is the total of—

(a) £1,803 for each large producer other than a producer referred to in paragraph (d) for which the application is made;

(b) £696 for each small producer other than a producer referred to in paragraph (d) for which the application is made;

(c) £2,885 in addition to the charge in paragraph (a), (b) or (d), as appropriate, for each producer which is an online marketplace operator;

(d) for producers which are subsidiaries and are to be registered as part of a group registration—

(i) £690 for each producer for the first 20 subsidiaries which are members of the scheme;

(ii) £172 for each producer from the 21st subsidiary to the 100th subsidiary which is a member of the scheme;

(2) The charge for late submission of an application for producer registration made by a scheme operator is £386 for each member of the compliance scheme for whom the scheme operator applies for registration late where none of the events described in regulation 28(3) has occurred.

(2A) The additional charge for a large producer who wishes to report an amount of closed loop packaging waste under paragraph 12(2) of Schedule 4 in a report to the appropriate agency for a reporting period in the relevant year is £2,548 for each such producer for whom the scheme operator applies for registration.

(3) Where—

(a) a producer is a member of a compliance scheme;

(b) the producer’s registered office or, if it does not have a registered office in the United Kingdom, its head office or principal place of business in the United Kingdom, is in a different nation of the United Kingdom to that of the scheme operator; and

(c) the appropriate agency for that producer has made a charging scheme which makes different provision for the charges listed in sub-paragraphs (1), (2) and (2A),

the scheme operator must pay the charges set by the appropriate agency, instead of those specified in sub-paragraphs (1), (2) and (2A), in relation to that producer.

Reprocessors and exporters: registration

5

(1) The charge for an application by a reprocessor for a registration under regulation 85, or by an exporter for a registration under regulation 86, is £3,228.

(2) The charge for amendment of a reprocessor or exporter’s sampling and inspection plan under regulation 87(6) or 89 is £574.

(3) The annual charge referred to in regulation 88(2) is £1,571.

Reprocessors and exporters: accreditation

6

(1) The charge for an application by a reprocessor for an accreditation under regulation 94 is the amount specified in sub-paragraph (3) for the tonnage band stated in the application (the “stated tonnage band”).

(2) The charge for an application by an exporter for an accreditation under regulation 95 is the sum of—

(a) the amount specified in sub-paragraph (3) for the stated tonnage band; and

(b) £328 for each overseas reprocessing site specified in the application.

(3) The amounts referred to in sub-paragraphs (1) and (2)(a) are—

(a) £546 where the stated tonnage band is up to 500 tonnes;

(b) £2,184 where the stated tonnage band is up to 5,000 tonnes;

(d) £3,965 where the stated tonnage band is over 10,000 tonnes.

(4) The charge for amendments to the sampling and inspection plan or the business plan referred to in regulation 96(6) is £574.

(5) The charge for an application by a reprocessor or exporter under regulation 99(1) to vary an accreditation by increasing the tonnage band is to be determined in accordance with the following formula—

$$B-C±D$where—“B” is the charge specified in paragraph (3) for the new stated tonnage band;“C” is the amount previously paid by the applicant under paragraph (1) or (2)(a) when the application for the accreditation was submitted;“D” is an additional processing charge of £100.$

(6) The charge for an application by an exporter under regulation 99(3) to vary an accreditation by adding one or more overseas reprocessing sites to it is £328 for each overseas reprocessing site specified in the application.

Abatement

7

The appropriate agency may, by notice to the person liable for any charge specified in this Schedule, waive or reduce the charge if it considers it to be significantly disproportionate in a particular case, having regard to the actual costs and expenses incurred or to be incurred by the appropriate agency in relation to the activity for which the charge is imposed.

Annual increases for inflation

8

(1) The charges specified in this Schedule are to increase annually on 1st September in each year starting on 1st September 2027, in line with any increase in the Consumer Prices Index published by the Office for National Statistics as at 31st March of the same year.

(2) Each appropriate agency must publish details of charges which have increased in accordance with sub-paragraph (1).

Charging schemes

9

A charge specified in this Schedule ceases to apply if it is superseded by a charge provided for in a charging scheme made under—

(a) section 41(1)(n) of the Environment Act 1995[^f00073], by the Environment Agency, NRW or SEPA; or

(b) article 76A of the Waste and Contaminated Land (Northern Ireland) Order 1997[^f00074], or regulation 20B of the Waste Management Licensing Regulations (Northern Ireland) 2003[^f00075], by DAERA.

SCHEDULE 2 — Insolvency events

1

In this Schedule—

“the 1986 Act” means the Insolvency Act 1986[^f00076];

“the 2016 Act” means the Bankruptcy (Scotland) Act 2016[^f00077];

“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989[^f00078].

2

For the purposes of these Regulations, an insolvency event takes place in relation to a body corporate where—

(a) an order for its winding up is made by the court under Part 4 or 5 of the 1986 Act or Part 5 or 6 of the 1989 Order;

(b) a resolution for its voluntary winding up is passed under section 84 of the 1986 Act or article 70 of the 1989 Order[^f00079];

(c) an administrative receiver, within the meaning of section 251 of the 1986 Act or article 5(1) of the 1989 Order, is appointed;

(d) it enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to the 1986 Act[^f00080] or paragraph 2(2)(b) of Schedule B1 to the 1989 Order[^f00081];

(e) a voluntary arrangement takes effect under Part 1 of the 1986 Act or Part 2 of the 1989 Order.

3

For the purposes of these Regulations, an insolvency event takes places in relation to a partnership where—

(a) an order for its winding up is made by the court under Part 5 of the 1986 Act or Part 6 of the 1989 Order;

(b) a resolution for voluntary winding up is passed under section 84 of the 1986 Act or article 70 of the 1989 Order;

(c) an administrative receiver, within the meaning of section 251 of the 1986 Act or article 5(1) of the 1989 Order, is appointed;

(d) it enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to the 1986 Act or paragraph 2(2)(b) of Schedule B1 to the 1989 Order;

(e) a voluntary arrangement takes effect under Part 1 of the 1986 Act or Part 2 of the 1989 Order;

(f) in Scotland, sequestration is awarded;

(g) an interim trustee is appointed under section 54 of the 2016 Act on an application or petition for sequestration.

4

For the purposes of these Regulations, an insolvency event takes place in relation to an individual where—

(a) a bankruptcy order is made;

(b) in Scotland, sequestration is awarded;

(c) an interim receiver is appointed under section 286 of the 1986 Act or article 259 of the 1989 Order on a bankruptcy petition;

(d) an interim trustee is appointed under section 54 of the 2016 Act on a petition for sequestration;

(e) a debt relief order is made under Part 7A of the 1986 Act[^f00082] or Part 7A of the 1989 Order[^f00083];

(f) a voluntary arrangement takes effect under section 260 of the 1986 Act or article 234 of the 1989 Order.

SCHEDULE 3 — Information required for producer registration

1

The name, address and telephone number of—

(a) the place where the producer is habitually resident, or

(b) the registered office of the producer or, if the producer does not have a registered office, the head office or principal place of business of the producer.

2

If the producer is not habitually resident in the United Kingdom, or if the registered office, head office or principal place of business of the producer is not in the United Kingdom, the address of the branch or postal address of the producer in the United Kingdom.

3

The business name of the producer if different from that referred to in paragraph 1 above.

4

The name and contact details, including an email address, of an individual at the producer who is responsible for dealing with enquiries from the appropriate agency.

5

The address for service of notices on the producer if different from that referred to in paragraph 1 above.

6

Where the producer is a partnership, the names of all the partners.

7

Which of the functions described in regulations 16 to 22 the producer performs in relation to packaging.

8

If the producer performs more than one such function, which function constitutes the producer’s main activity as a producer.

9

The relevant SIC code for the function the producer performs in relation to packaging or, where the producer performs more than one such function, for the function which constitutes the producer’s main activity as a producer.

10

The producer’s turnover in the financial year referred to in paragraphs (1)(a) and (2)(a) of regulation 24, calculated in accordance with that regulation.

11

Except where the application is made under regulation 28(2), the amount in tonnes of packaging which the producer has supplied, in the calendar year referred to in paragraphs (1)(b) and (2)(b) of regulation 24, calculated in accordance with that regulation.

12

Whether or not the producer is liable to pay disposal fees under regulation 60 for the assessment year starting on 1st April in the calendar year for which the producer is applying for registration.

13

Where the producer is a brand owner—

(a) details of all names, trade marks and other distinctive marks which appear on packaging for which the brand owner is responsible, and

(b) whether the brand owner also produces packaging on which no name, trade mark or other distinctive mark appears.

SCHEDULE 4 — Producer reporting information

PART 1 — Interpretation

1

(1) In this Schedule, all references to the weight of packaging or packaging waste are to that weight in kilograms, and any requirement to report a weight of packaging or packaging waste is to be interpreted as a requirement to report the actual, measured weight of that packaging in kilograms to the nearest kilogram.

(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 paragraph of this Schedule, any reference in that paragraph 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) Where this Schedule refers to the weight of household packaging, or a description of household packaging, which a producer supplied, packaging must not be excluded from that weight under regulation 8(1)(a) on the grounds that the conditions in regulation 8(2) or the conditions in regulation 8(3) are met unless the producer can provide evidence that those conditions are met.

(4) In this Schedule, references to packaging, or to any description of packaging, do not include packaging which at the time of its supply was exempt packaging.

PART 2 — Descriptions of information

2

The weight of packaging in each packaging category which the producer supplied during the reporting period.

3

The weight of household packaging in each packaging category which the producer supplied during the reporting period.

4

A description of the methodology used by the producer to collate the information required under paragraphs 2 and 3.

5

A breakdown of the packaging in each packaging category which the producer supplied during the reporting period, specifying—

(a) whether the packaging is—

(i) primary packaging;

(ii) secondary packaging;

(iii) tertiary packaging other than shipment packaging; or

(iv) shipment packaging,

(its “packaging type”); and

(b) the weight in kilograms of packaging supplied in each packaging type.

6

The weight of household packaging in each packaging category which the producer supplied during the reporting period which is—

(a) primary packaging;

(b) shipment packaging.

7

The weight of packaging, and the number of units of packaging, in each packaging category which the producer supplied during the reporting period which consists of drink containers.

8

(1) In relation to each relevant producer to whom the producer (“D”) supplied unfilled household packaging or other unfilled packaging during the reporting period—

(a) the identity of the relevant producer;

(b) subject to sub-paragraph (3), the producer registration number assigned to that relevant producer under regulation 30(2)(a);

(d) the weights of—

(i) unfilled packaging; and

(ii) unfilled household packaging,

which D supplied to that relevant producer during the reporting period.

(2) In this paragraph, a “relevant producer” means a large producer, other than a large producer who is a seller (and no other class of producer).

(3) In relation to a supply which takes place before 1st October 2025 a producer registration number need not be recorded.

9

Where the producer has instituted a system of reusing reusable packaging—

(a) a description of that system; and

(b) the weight in each packaging category of—

(i) all packaging which the producer supplied during the reporting period that is reusable or refillable; and

(ii) packaging referred to in paragraph (i) which is primary packaging.

10

The weight in kilograms of household packaging in each packaging category supplied by the producer during the reporting period which consists of commonly binned or littered items.

11

(1) The weight in kilograms of—

(a) all packaging supplied by the producer, where the producer is a seller, online marketplace operator, distributor or service provider; or

(b) all packaging discarded by the producer in the United Kingdom which the producer is treated under regulation 10(6) as having supplied, where the producer is a brand owner, importer or first UK owner,

during the reporting period in each nation of the United Kingdom, in each packaging category.

(2) For the purposes of reports submitted in relation to 2025, 2026 and 2027—

(a) producers who are sellers who supply secondary packaging, or tertiary packaging other than shipment packaging, may estimate the amount of that packaging which has been supplied to a nation of the United Kingdom in order to calculate the weight of packaging supplied to that nation;

(b) producers who are importers who import secondary packaging, or tertiary packaging other than shipment packaging, may estimate the amount of that packaging discarded in a nation of the United Kingdom in order to calculate the weight of packaging discarded in that nation.

12

(1) The weight in kilograms, in each packaging category, of relevant packaging waste which the producer has collected from consumers and sent for recycling and in respect of which the producer has evidence that it has been recycled in the reporting period.

(2) Subject to sub-paragraphs (3) to (5), the weight in kilograms of closed loop packaging waste which the producer has collected from consumers and sent for recycling and in respect of which the producer has evidence that it has been recycled into food grade plastic materials or articles in the reporting period.

(3) If, during a reporting period, a producer changes the reprocessor to which it sends closed loop packaging waste for recycling, and does not thereafter send any further closed loop packaging waste to the previous reprocessor, the producer may report the aggregate weight of closed loop packaging waste sent to both reprocessors which satisfies the conditions in sub-paragraph (2).

(4) But a producer must not otherwise, for the purposes of sub-paragraph (2), aggregate weights of closed loop packaging waste sent to more than one reprocessor.

(5) A producer must not report any closed loop packaging waste under sub-paragraph (2) for a reporting period unless the producer has paid the additional registration charge payable under regulation 29(3)(c) for the relevant year in which that reporting period falls.

(6) For the purposes of sub-paragraphs (1) and (2), the evidence referred to in those paragraphs must be obtained by the producer from an accredited reprocessor or exporter.

13

(1) The weight in kilograms , in each packaging category, of—

(a) packaging waste which the producer has collected during the reporting period—

(i) consisting of the producer’s own packaging waste; and

(ii) consisting of packaging waste from other persons;

(b) packaging waste referred to in paragraph (a) which was collected from each nation of the United Kingdom; and

(c) packaging waste referred to in paragraph (a) which was collected from one nation of the United Kingdom and sent for recycling to another nation of the United Kingdom, identifying the nation from which it was collected and the nation to which it was sent.

(2) In sub-paragraph (1), references to “packaging waste” do not include packaging waste which is, or was before it became waste, a deposit item for the purposes of a relevant deposit scheme.

14

The number of plastic or paper bags supplied in England in the following categories—

(a) single use carrier bags, within the meaning of the Single Use Carrier Bags Charges (England) Order 2015[^f00084];

(b) bags made wholly or partly of plastic which—

(i) are supplied for use as packaging for food items including bread, fruit or vegetables; and

(ii) are not carrier bags within sub-paragraph (a);

SCHEDULE 5 — Recycling obligations

1

(1) A producer’s obligations to recycle packaging waste in a relevant year are—

(a) for each packaging category the producer supplies, to recycle an amount of packaging waste in the corresponding packaging waste category (“the required amount”), as provided in paragraph 2(1); and

(b) in relation to glass, to satisfy part of the required amount by recycling an amount of glass packaging waste by re-melt, as provided in paragraph 2(2),

and are calculated by aggregating the producer’s obligations in relation to each specified packaging category supplied by the producer in that year.

(2) For the purposes of this Schedule—

(a) “packaging waste category” means a category of packaging waste specified in the first column of Table 1 in paragraph 3; and

(b) “specified packaging category” means a packaging category or group of packaging categories corresponding to a packaging waste category.

2

(1) The amount of packaging waste to be recycled by a producer (“PR”) in a packaging waste category corresponding to a packaging category which PR supplies is calculated as follows—

$$X×Y=Z$ where— “X” is the amount in tonnes of packaging in that packaging category supplied by PR in the preceding year; “Y” is the percentage prescribed in paragraph 3 as the recycling target for that packaging waste category for the relevant year; and “Z” is the amount in tonnes of packaging waste in that packaging waste category which is to be recycled in the relevant year.$

(2) Where in the preceding year PR has supplied any glass packaging, PR must recycle by re-melt an amount of glass packaging waste calculated as follows—

$$TL×Y=G$ where— “T” is the percentage target prescribed in paragraph 4 for the relevant year; “L” is the amount in tonnes of glass packaging supplied by PR in the preceding year; “Y” is the percentage prescribed in paragraph 3 as the recycling target for glass for the relevant year; and “G” is the amount in tonnes of glass packaging waste which is to be recycled by re-melt in the relevant year.$

(3) For the purposes of calculating X in sub-paragraph (1) and L in sub-paragraph (2), the amount of packaging in a packaging category, or glass packaging, supplied by PR is the amount supplied by PR in the United Kingdom in respect of which PR is a producer under any of regulations 16 to 21, calculated to the nearest tonne, excluding packaging which is exempt packaging either at the time of its supply or in the relevant year.

3

The following percentages are prescribed as the recycling target “Y” in respect of the category of packaging waste specified in the first column in relation to the years 2025 to 2030 as indicated—

Category of packaging waste	2025	2026	2027	2028	2029	2030
Plastic	55%	57%	59%	61%	63%	65%
Wood	45%	46%	47%	48%	49%	50%
Aluminium	61%	62%	63%	64%	65%	67%
Steel	80%	81%	82%	83%	84%	85%
Paper, board or fibre-based composite material	75%	77%	79%	81%	83%	85%
Glass	74%	76%	78%	80%	82%	85%

4

The following percentage targets are prescribed as the recycling targets “T” for glass packaging waste to be achieved by re-melt for the years 2025 to 2030 as indicated.

2025	2026	2027	2028	2029	2030
75%	76%	77%	78%	79%	80%

5

Where the appropriate agency is satisfied that a producer has instituted a system of using reusable packaging which has a life of at least four years, the producer’s obligations under this Schedule in relation to that packaging may be discharged by equal instalments over four years commencing with the year in which that packaging is first used.

6

For the purposes of this Schedule, recycling “by re-melt” means the recycling of waste glass packaging using a method that melts the glass before it is re-formed into a product.

SCHEDULE 6 — Compliance schemes

PART 1 — Contents of operational plan

1

The information to be contained in the operational plan referred to inregulation 47(1)(b)(iv) for a compliance scheme is information demonstrating each of the matters in paragraphs 2 to 8.

2

That sufficient financial resources and technical expertise will be available to enable the scheme operator to perform its recycling obligations under regulation 43(3)(c).

3

How the recycling obligations of the scheme operator underregulation 43(3)(c) will be performed as regards each category of packaging waste relevant to those obligations including—

(a) the names and addresses of the reprocessors or exporters, or both, which the scheme operator intends to use; and

(b) the amounts to the nearest tonne of packaging waste in each category which the scheme operator proposes to recycle in the three years immediately following that year’s registration.

4

The steps the scheme operator proposes to take to recycle packaging waste in any of the categories relevant to the recycling obligations of the scheme operator under regulation 43(3)(c) in order not to affect adversely the interests of any producer who is a member of the compliance scheme, and whose recycling obligations are predominantly in relation to another category of packaging waste.

5

In relation to PERNs and PRNs which the scheme operator expects to acquire in each quarter of the three years immediately following that year’s registration, the tonnage of packaging waste in each category to which they are expected to relate.

6

The contracts the scheme operator anticipates will be made with reprocessors or exporters or both and packaging waste suppliers in the three years immediately following that year’s registration.

7

How the scheme operator is assisting reprocessors to direct resources at—

(a) increasing the capacity for the collection and recycling of packaging waste; and

(b) encouraging the development of markets for materials or goods made from packaging waste that has been recycled.

8

How information referred to in regulation 45(1) is to be monitored under a monitoring plan so that the scheme operator can meet its obligations under regulation 43.

PART 2 — Information required for compliance scheme registration

9

The name of the compliance scheme.

10

The name of the scheme operator, and where the scheme operator is a partnership, the names of all the partners.

11

The address and telephone number of—

(a) the registered office of the scheme operator; or

(b) if not a company, the head office or principal place of business of the scheme operator.

12

The name and contact details, including an email address, of an individual at the scheme operator who is responsible for dealing with enquiries from the appropriate agency.

13

The business name of the scheme operator, if different from the name referred to in paragraph 10.

14

The address for service of notices on the scheme operator if different from that referred to in paragraph 11.

15

Full particulars of the agreement for the constitution of the scheme, including—

(a) the point at which a producer is considered to be a member of the compliance scheme;

(b) a sample of the contract between the scheme operator and members of the compliance scheme;

16

In relation to each producer who is a member of the compliance scheme—

(a) the information listed in Schedule 3;

(b) the producer’s turnover in the financial year referred to in paragraphs (1)(a) and (2)(a) of regulation 24, calculated in accordance with that regulation; and

(c) the amount, in tonnes, of packaging the producer supplied in the calendar year referred to in paragraphs (1)(b) and (2)(b) of regulation 24, calculated in accordance with that regulation;

(d) the name and contact details, including an email address, of an individual at the producer who is responsible for dealing with enquiries from the appropriate agency.

17

Which of the functions described in regulations 16 to 22 each member of the compliance scheme performs in relation to packaging.

18

If a member performs more than one such function, which function constitutes that member’s main activity as a producer.

19

The relevant SIC code for the function each member of the compliance scheme performs in relation to packaging or, where the member performs more than one such function, for the function which constitutes that member’s main activity as a producer.

20

Confirmation that the scheme operator has, where applicable, satisfied the requirements in regulations 55 and 56.

SCHEDULE 7 — The scheme administrator

Power to delegate functions

1

(1) The scheme administrator may enter into an agreement with a public body or with a private sector body for that body to perform any of the functions of the scheme administrator on behalf of the scheme administrator.

(2) The scheme administrator must obtain the consent of each of the appropriate authorities before entering into an agreement under sub-paragraph (1).

(2A) Sub-paragraphs (2B) and (2C) apply where the person appointed as the scheme administrator is the Secretary of State or a statutory body.

(2B) The scheme administrator may appoint a body (a “Producer Responsibility Organisation” or “PRO”) to—

(a) perform on behalf of the scheme administrator, or

(b) provide advice, recommendations or support to the scheme administrator in relation to the performance by the scheme administrator of,

such of the scheme administrator’s functions as are specified in the appointment.

(2C) The scheme administrator must, before appointing a body as a Producer Responsibility Organisation, obtain the consent of each of the appropriate authorities to—

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