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

Requirement or prohibition	Fixed Monetary Penalty	Variable Monetary Penalty	Compliance Notice	Enforcement Undertaking
Producers
Regulations 25(1)(a) and 27(4)(b) (registration obligations)	No	Yes	Yes	Yes
Regulation 25(1)(b), (2)(b) and (3)(b) (obligations to keep records and evidence)	Yes	No	No	No
Regulation 25(1)(c) and (d) and (3)(c) (reporting obligations)	No	Yes	Yes	Yes
Regulation 25(2)(a) (recycling obligation)	No	Yes	Yes	Yes
Regulation 25(2)(c) (certification obligation)	Yes	No	No	No
Regulation 25(3)(a) (obligation to carry out recyclability assessments)	No	Yes	Yes	Yes
Regulation 28(1) to (3) (requirement to apply to the appropriate agency for registration by the date specified in regulation 28(1), (2) , (2A), (2B) or (3) as applicable)	No	Yes	No	No
Regulation 31(b) to (e) (requirements to provide information to the appropriate agency)	Yes	No	Yes	No
Regulations 35(2) to (4), 36(2) and (3), 37(2) and 38(2) (requirements to make reports to the appropriate agency by the dates specified)	No	Yes	No	No
Regulation 68(4) (requirement to pay disposal fees and administration fees no later than 50 days after the due date)	No	Yes	Yes	Yes
Schedule 4, paragraph 12(5) (prohibition on reporting closed loop packaging waste without having paid the additional registration charge payable under regulation 29(3)(c))	No	Yes	Yes	Yes
Scheme operators
Regulation 43(1)(b) (obligation to register a compliance scheme)	No	Yes	Yes	Yes
Regulation 43(3)(a) (obligation to apply for registration of scheme members)	No	Yes	Yes	Yes
Regulation 43(3)(b) (obligation to report information relating to scheme members)	No	Yes	No	Yes
Regulation 43(3)(c) (compliance scheme recycling obligation)	No	Yes	Yes	Yes
Regulation 43(6)(a) (obligation to keep records and submit reports)	No	Yes	Yes	Yes
Regulation 43(6)(b) (obligation to submit statement of compliance)	No	Yes	Yes	Yes
Regulation 44(1)(a) (requirement to apply for registration of a scheme member by the date specified)	No	Yes	No	No
Regulation 44(2) (requirement to make reports under regulations 35 to 38, as applied by regulation 44(2), by the date specified in the regulation in question)	No	Yes	No	No
Regulations 49(5) and 54(4) (obligations to provide information to scheme members in connection with withdrawal of approval and cancellation of registration)	No	Yes	Yes	Yes
Regulation 53 (obligation to comply with conditions of registration)	No	Yes	Yes	Yes
Reprocessors and exporters
Regulations 85(1) and 86(1) (obligation to register)	No	Yes	Yes	Yes
Regulation 88(1) (duty to comply with conditions of registration)	No	Yes	Yes	Yes
Regulation 91 (record-keeping and reporting requirements)	Yes	No	Yes	Yes
Regulation 92(1) and (2) (prohibition on issuing PRNs or PERNs other than in accordance with specified conditions)	No	Yes	Yes	Yes
Regulation 98 (duty to comply with conditions of an accreditation)	No	Yes	Yes	Yes
Regulation 117(3)(c) (prohibition on issuing PRNs or PERNs pursuant to false or misleading information	No	Yes	Yes	Yes
Holding companies with a group registration
Regulation 31(b) to (e) as applied by Schedule 9, paragraph 4(5) (requirements to provide information to the appropriate agency)	Yes	No	Yes	No
Schedule 9, paragraph 5(1)(b) (reporting obligations in relation to relevant group members)	No	Yes	Yes	Yes
Schedule 9, paragraph 5(2)(a) (recycling obligations)	No	Yes	Yes	Yes
Schedule 9, paragraph 5(2)(b) (certification obligation)	Yes	No	No	No
Schedule 9, paragraph 6(1) (requirement to pay disposal fees and administration fees no later than 50 days after the due date)	No	Yes	Yes	Yes
Licensors
Schedule 10, paragraph 5 (record keeping obligations)	Yes	No	No	No
Schedule 10, paragraph 6 (reporting obligations)	No	Yes	Yes	Yes
Pub Operating Businesses
Schedule 10, paragraph 12 (record keeping obligations)	Yes	No	No	No
Schedule 10, paragraph 13 (reporting obligations)	No	Yes	Yes	Yes
General
Regulation 110(1) (duty to comply with notice to maintain records and provide information to the appropriate agency)	Yes	No	No	Yes
Regulation 118(1) (provision of false or misleading information)	No	Yes	Yes	No
Regulation 118(2) (failure to comply with reasonable request of the appropriate agency)	Yes	No	Yes	Yes
Regulation 118(3) (delaying or obstructing an authorised person)	Yes	No	No	Yes
Regulation 118(5) (breach of a compliance notice or enforcement undertaking)	No	Yes	Yes	Yes

PART 2 — Fixed monetary penalties

2

• (1) The amount of a fixed monetary penalty under these Regulations is £1,000.

• (2) A fixed monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.

3

• (1) Where an enforcement agency proposes to impose a fixed monetary penalty on a person, the enforcement agency must serve on that person a notice of its intention to do so (a “notice of intent”).

• (2) The notice of intent must include—

• (a) the grounds for imposing the fixed monetary penalty;

• (b) the amount of the penalty;

• (c) information as to—

• (i) the right to make representations and objections within a period of 28 days beginning with the day on which the notice of intent is received (“the 28 day period”);

• (ii) the circumstances in which the enforcement agency may not impose the penalty.

4

A person on whom a notice of intent is served may within the 28 day period make written representations and objections to the enforcement agency in relation to the proposed imposition of the fixed monetary penalty.

5

• (1) If the person who has received a notice of intent does not discharge liability within the 28 day period by paying the amount specified in paragraph 2(1) to the enforcement agency, the enforcement agency may, after considering any representations or objections made during that period, serve a final notice imposing a fixed monetary penalty.

• (2) Where the contravention to which the notice of intent relates is a criminal offence, the enforcement agency may not serve a final notice on the person if the enforcement agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.

6

A final notice must include information as to—

• (a) the amount of the penalty;

• (b) the grounds for imposing the penalty;

• (c) how payment may be made;

• (d) the period of 56 days within which payment must be made;

• (e) details of the increase in the amount of the penalty for late payment;

• (f) the right of appeal and the effect of regulation 107(2) (suspension of penalty where an appeal is made); and

• (g) the consequences of non-payment.

7

• (1) The person receiving the final notice may appeal against it.

• (2) The grounds for appeal are—

• (a) that the decision is based on an error of fact;

• (b) that the decision is wrong in law;

• (c) that the decision is unreasonable.

8

• (1) The penalty must be paid within a period of 56 days beginning with the day of receipt of the final notice, unless an appeal is made within that period.

• (2) If the penalty is not paid and an appeal is not made within that 56 day period, the amount of the penalty is increased by 50%.

• (3) In the case of an appeal—

• (a) the penalty must be paid within a period of 28 days beginning with the date of the determination of the appeal if the appeal is unsuccessful, or the date on which the appeal is withdrawn; and

• (b) if the penalty is not paid within that 28 day period, the amount of the penalty is increased by 50%.

9

• (1) If a notice of intent to impose a fixed monetary penalty is served on any person in relation to a contravention which is an offence (“the related offence”), no criminal proceedings may be instituted against that person for the related offence before the expiry of a period of 28 days beginning with the day on which the notice of intent is served.

• (2) If, in relation to a contravention which is an offence, a person has paid a fixed monetary penalty, or has discharged liability for a fixed monetary penalty within the 28 day period referred to in sub-paragraph (1), that person may not by reason of the contravention be convicted at any time of the related offence, unless the contravention is a continuing act or omission.

PART 3 — Variable monetary penalties

10

• (1) A variable monetary penalty may not be imposed on a person on more than one occasion in relation to the same act or omission, unless the act or omission is a continuing act or omission.

• (2) Where a variable monetary penalty is imposed in relation to the contravention of a requirement, and that contravention is an offence under regulation 115 that is punishable on summary conviction by a fine, the amount of the variable monetary penalty may not exceed the maximum amount (if any) of that fine.

• (3) Where a variable monetary penalty is imposed on a producer for contravening regulation 68(4) (failure to make a payment due under regulation 68(1) by 50 days after the due date), the amount of the variable monetary penalty is to be calculated as an amount equal to the higher of—

• (a) 20% of the disposal fees and administration fees owed by that producer which are unpaid 50 days after the due date; or

• (b) 5% of the turnover of the producer reported under paragraph 10 of Schedule 3.

• (4) Where a variable monetary penalty is imposed on a holding company of a corporate group which has a group registration for contravening regulation 68(4) as applied by paragraph 6(1) of Schedule 9, the amount of the variable monetary penalty is to be calculated as an amount equal to the higher of—

• (a) 20% of the disposal fees and administration fees owed by that holding company which are unpaid 50 days after the due date; or

• (b) 2% of the collective turnover of the members of the corporate group that are included in the group registration.

• (5) Before imposing a variable monetary penalty or serving a notice of intent in relation to any contravention other than that referred to in sub-paragraph (3) or (4), the enforcement agency may require the person to provide such information as is reasonable to establish the amount of any financial benefit arising as a result of the contravention.

11

• (1) Where an enforcement agency proposes to impose a variable monetary penalty on a person, the enforcement agency must serve on that person a notice of its intention to do so (a “notice of intent”).

• (2) The notice of intent must include—

• (a) the grounds for imposing the variable monetary penalty;

• (b) the amount of the penalty;

• (c) information as to—

• (i) the right to make representations and objections within a period of 28 days beginning with the day on which the notice of intent is received (“the 28 day period”);

• (ii) the circumstances in which the enforcement agency may not impose the penalty.

12

A person on whom a notice of intent is served may within the 28 day period make written representations and objections to the enforcement agency in relation to the proposed imposition of the variable monetary penalty.

13

• (1) After the end of the period for making representations and objections, the enforcement agency must, after considering any representations or objections made within the 28 day period, decide whether to impose the variable monetary penalty in the notice of intent, with or without modifications.

• (2) Where the contravention to which the notice of intent relates is a criminal offence, the enforcement agency may not serve a final notice on a person if the enforcement agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.

14

A final notice for a variable monetary penalty must include information as to—

• (a) the amount of the penalty;

• (b) the grounds for imposing the penalty;

• (c) how payment may be made;

• (d) the period within which payment must be made which must be not less than 28 days;

• (e) the right of appeal and the effect of regulation 107(2) (suspension of penalty where an appeal is made); and

• (f) the consequences of non-payment.

15

• (1) The person receiving the final notice may appeal against it.

• (2) The grounds for appeal are—

• (a) that the decision is based on an error of fact;

• (b) that the decision is wrong in law;

• (c) that the amount of the penalty is unreasonable;

• (d) that the decision is unreasonable for any other reason.

• (3) Where an appeal is made against the issue of a final notice, the penalty must be paid within a period of 28 days beginning with the date of the determination of the appeal if the appeal is unsuccessful, or the date on which the appeal is withdrawn.

16

• (1) If a notice of intent for a variable monetary penalty is served on any person in relation to a contravention which is an offence (“the related offence”), no criminal proceedings may be instituted against that person for the related offence before the expiry of a period of 28 days beginning with the day on which the notice of intent is served.

• (2) If, in relation to a contravention which is an offence, a person has paid a variable monetary penalty, or has discharged liability for a variable monetary penalty within the 28 day period referred to in paragraph (1), that person may not by reason of the contravention be convicted at any time of the related offence, unless the contravention is a continuing act or omission.

PART 4 — Compliance notices

17

• (1) Subject to sub-paragraph (2), a compliance notice may not be imposed on a person on more than one occasion in relation to the same contravention of these Regulations, unless the contravention is a continuing act or omission.

• (2) Sub-paragraph (1) does not prevent another compliance notice being imposed on a person under this paragraph if any earlier compliance notice imposed on that person in relation to the same act or omission has first been withdrawn.

• (3) Where contravention of a requirement is a criminal offence under these Regulations, the enforcement agency may not impose a compliance notice on a person for contravention of that requirement if the enforcement agency is satisfied on the balance of probabilities that the person would not, by reason of any defence, be liable to be convicted of that offence.

18

A compliance notice must include information as to—

• (a) the grounds for imposing the notice;

• (b) what steps the person receiving the notice must take and the period within which those steps must be completed;

• (c) the right of appeal; and

• (d) the consequences of failing to comply with the notice.

19

• (1) The person receiving the notice may appeal against it.

• (2) The grounds for appeal are—

• (a) that the decision to impose the notice is based on an error of fact;

• (b) that the decision is wrong in law;

• (c) that the nature of the requirement is unreasonable;

• (d) that the decision is unreasonable for any other reason.

PART 5 — Enforcement undertakings

20

• (1) An enforcement undertaking must specify—

• (a) action to secure that the contravention in relation to which the enforcement undertaking is given does not continue or recur;

• (b) action to secure that the position is, so far as possible, restored to what it would have been if the contravention had not occurred;

• (c) action (which may include the payment of a sum of money) to secure a benefit or improvement to the environment, such as the prevention of littering, or an increase in the reuse and recycling of packaging;

• (d) the period within which each of the actions specified must be completed.

• (2) It must include—

• (a) a statement that the enforcement undertaking is made in accordance with this Part;

• (b) the terms of the enforcement undertaking; and

• (c) a statement of how and when the person giving the enforcement undertaking is considered to have discharged it.

• (3) The enforcement undertaking may be varied, or the period within which an action specified in the enforcement undertaking must be completed may be extended, if both parties agree in writing.

21

If an enforcement agency has accepted an enforcement undertaking then, unless the person from whom the undertaking is accepted fails to comply with the undertaking or any part of it—

• (a) where the contravention in relation to which the enforcement undertaking was given is an offence, that person may not by reason of that contravention be convicted at any time of that offence;

• (b) the enforcement agency may not impose on that person any fixed monetary penalty, variable monetary penalty, or compliance notice in respect of that contravention.

22

• (1) Each enforcement agency must establish and publish the procedure for entering into an enforcement undertaking with it.

• (2) The enforcement agency must consult such persons as it considers appropriate before doing so.

• (3) When an enforcement agency accepts an undertaking the enforcement agency may publish it in whatever manner it sees fit.

23

• (1) An enforcement agency which is satisfied that an enforcement undertaking has been complied with must issue a certificate to that effect to the person who gave the undertaking.

• (2) An enforcement agency may require the person who gave the undertaking to provide sufficient information to determine whether the undertaking has been complied with.

• (3) The person who gave the undertaking may at any time apply for such a certificate.

• (4) The enforcement agency must make a decision as to whether to issue such a certificate, and give written notice of the decision to the applicant, within 14 days of such an application.

• (5) The person to whom the notice is given may appeal against a decision not to issue a certificate on the grounds that the decision—

• (a) was based on an error of fact;

• (b) was wrong in law;

• (c) was unreasonable;

• (d) was wrong for any other reason.

24

• (1) A person who has given inaccurate, misleading or incomplete information in relation to an enforcement undertaking is regarded as not having complied with it.

• (2) An enforcement agency may by notice in writing revoke a certificate issued under paragraph 23 if it was issued on the basis of inaccurate, incomplete or misleading information.

25

• (1) This paragraph applies where an enforcement undertaking is not complied with.

• (2) The enforcement agency may, in relation to the contravention for which the enforcement undertaking was given, either—

• (a) impose any other type of civil sanction specified in the Table in Part 1 as being available for the contravention in question; or

• (b) if the contravention for which the enforcement undertaking was given is a criminal offence (a “related offence”), bring proceedings for the related offence.

• (3) The action referred to in sub-paragraph (2)(a) or (b) may be taken in addition to bringing proceedings for the offence under regulation 118(5) of failing to comply with the enforcement undertaking.

• (4) If a person has complied partly but not fully with an enforcement undertaking, that part-compliance must be taken into account in the imposition of any criminal or other sanction on the person.

• (5) Criminal proceedings for a related offence which is triable summarily may be instituted at any time within a period of 6 months beginning with the day after the last day of the period within which the action specified in the enforcement undertaking was required under paragraph 20(1)(d) to be completed.

SCHEDULE 14 — Public register

1

The name and address of the registered office, head office or principal place of business of—

• (a) each producer registered under Chapter 1 of Part 3;

• (b) in relation to each registered compliance scheme—

• (i) the scheme operator; and

• (ii) each member of the scheme;

• (c) each registered reprocessor and exporter; and

• (d) each reprocessor and exporter accredited to issue PRNs or PERNs.

2

The number assigned to each producer, compliance scheme, reprocessor and exporter on registration.

3

In relation to each registered producer—

• (a) whether the producer is a large producer or a small producer;

• (b) whether the producer is subject to recycling and certification obligations under regulation 25(2);

• (c) whether the producer is required to pay disposal fees under regulation 60;

• (d) if the producer is subject to the obligations referred to in sub-paragraph (b), a statement as to whether a satisfactory certificate of compliance has been furnished in accordance with regulation 41.

4

In relation to each registered compliance scheme—

• (a) the date on which the scheme was approved under regulation 47;

• (b) a statement as to whether the scheme operator has—

• (i) complied with its obligations under regulation 43(3); and

• (ii) provided a statement of compliance in accordance with regulation 56.

5

In relation to registered reprocessors and exporters, and accredited reprocessors and exporters—

• (a) the trading name, address and telephone number of the reprocessor or exporter;

• (b) details of each registration and accreditation held by the reprocessor or exporter, including—

• (i) the category of packaging waste specified in the registration or accreditation; and

• (ii) in the case of a registration or accreditation held by a reprocessor, the reprocessing site specified in the registration or accreditation;

• (c) in relation to any recovery operation to be used, the appropriate classification of the applicable operation provided for in Annex 2 to the Waste Directive;

• (d) in relation to each accreditation held by the reprocessor or exporter—

• (i) the accreditation reference number assigned by the appropriate agency;

• (ii) the reprocessing site address for an accredited reprocessor;

• (iii) the tonnage band (within the meaning given in regulation 84(1)) of packaging waste for which the reprocessor or exporter is accredited to issue PRNs or PERNs;

• (iv) whether monthly returns and annual returns have been provided in accordance with the conditions in paragraph 26 or 29 of Schedule 8;

• (v) whether the appropriate agency has served a notice under regulation 100(4) to suspend or cancel the accreditation; and

• (vi) whether the accreditation has been suspended or cancelled.

6

Any information which the appropriate agency is required to publish under regulation 126.

SCHEDULE 15 — Transitional, transitory and saving provisions

Record-keeping obligations

1

• (1) This paragraph applies where—

• (a) under a provision of the 2007 Regulations, the 2007 (NI) Regulations or the 2023 Data Regulations which has been revoked by these Regulations—

• (i) a person (“A”) was under a duty to keep records or evidence of a specified matter; and

• (ii) if the provision in question specified a period for which the records or evidence were to be kept, that period has not expired on or before the revocation date; and

• (b) there is a corresponding duty under these Regulations for persons of A’s description to keep records or evidence of the specified matter, or of a matter of a similar description to the specified matter.

• (2) Where this paragraph applies—

• (a) the duty referred to in sub-paragraph (1)(b) is to be treated as applying to A in relation to the records or evidence referred to in sub-paragraph (1)(a), subject to paragraph (b) below;

• (b) if the revoked provision specified a period for which the records or evidence were to be kept, the date until which A is required to keep the records or evidence is the date until which A would have been required to keep them under the revoked provision if it remained in force.

• (3) In sub-paragraph (1)—

• (a) “specified” means specified in the Regulations in question;

• (b) “the revocation date” means the date of revocation of the provision of the 2007 Regulations, 2007 (NI) Regulations or 2023 Data Regulations in question.

Producers: transitional reporting obligations for 2024 data

2

• (1) In a report under regulation 35 for a period of 6 or 12 months ending on 31st December 2024, a large producer (“LP”) must, instead of reporting the information specified in Table 2 in regulation 35(1), report to the appropriate agency, subject to sub-paragraph (2), the information which LP would have been required to report under the 2023 Data Regulations for that period if those Regulations had not been revoked.

• (2) But—

• (a) LP must not include any information in the report under regulation 35 which it has reported to the appropriate agency in a report under the 2023 Data Regulations for that period or for a part of that period;

• (b) LP may treat any non-consumer shipment packaging which it supplied during the relevant period as if it were secondary packaging or tertiary packaging, for the purposes of reporting how much primary, secondary, tertiary and shipment packaging in each packaging category, and how much household packaging in each packaging category, LP supplied in the relevant period;

• (c) LP must report to the appropriate agency as soon as practicable any of the information referred to in sub-paragraph (1) if LP had an obligation under the 2023 Data Regulations to report that information to the appropriate agency by a date before the coming into force of this paragraph but has not done so.

• (3) In paragraph (2)(b), “non-consumer shipment packaging” means shipment packaging, as defined in the 2023 Data Regulations, which LP supplied to a person other than a consumer.

• (4) In a report under regulation 36 for the calendar year 2024, a small producer (“SP”) must, instead of reporting the information specified in Table 3 in regulation 36(1), report to the appropriate agency the information of which SP was required to keep records for that year under—

• (a) regulation 16 of the Packaging Waste (Data Reporting) (England) Regulation 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or

• (b) regulation 17 of the Packaging Waste (Data Reporting) No. 2) Regulations (Northern Ireland) 2023,

except for the information referred to in sub-paragraph (5) below, and subject to sub-paragraphs (6) and (7).

• (5) A producer who under the 2023 Data Regulations was required for the calendar year 2024 to maintain records of the information in—

• (a) paragraph 22(1) of Schedule 1 to the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 or the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; or

• (b) paragraph 21(1) of Schedule 1 to the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023,

must report that information to the appropriate agency on or before 1st December 2025, subject to sub-paragraphs (6) and (7).

• (6) This sub-paragraph applies where—

• (a) the 2024 Data Amendment Regulations amended the record-keeping obligations of a producer referred to in sub-paragraph (4) or (5), or conferred record-keeping obligations on such a producer where the producer did not previously have such obligations; and

• (b) the producer does not have sufficient data to report the information referred to in sub-paragraph (4) or (5), as applicable, for the period before the amendment date.

• (7) Where sub-paragraph (6) applies, the producer—

• (a) is not required to submit a report which includes information for the period beginning with 1st January 2024 and ending immediately before the amendment date; but

• (b) must submit a report for the period from the amendment date to 31st December 2024.

• (8) In sub-paragraphs (6) and (7)—

• “the 2024 Data Amendment Regulations” means— the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024[^f00092]; the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024[^f00093]; the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024[^f00094]; or the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024[^f00095];

• “the amendment date” means— 1st April 2024, in relation to a producer who was established in England, Wales or Scotland for the purposes of the 2023 Data Regulations; 1st May 2024, in relation to a producer who was established in Northern Ireland for the purposes of the 2023 Data Regulations.

Producers: amendment of reports submitted under the 2023 Data Regulations

3

• (1) This sub-paragraph applies where—

• (a) a producer has submitted a report to the appropriate agency under the 2023 Data Regulations; and

• (b) the producer becomes aware that the report was wrong or inaccurate.

• (2) Where sub-paragraph (1) applies, the producer must—

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

• (b) pay the appropriate agency the charge in paragraph 2(3) of Schedule 1.

• (3) This sub-paragraph applies where, before this paragraph came into force, a large producer (“LP”)—

• (a) reported information to the appropriate agency for the 6-month period ending on 30th June 2024 or 31st December 2024 (“the relevant period”) under—

• (i) regulation 17 of the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or

• (ii) regulation 18 of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; and

• (b) in that report, included non-consumer shipment packaging in the amount of household packaging in a packaging category, or in the amount of shipment packaging in a packaging category, which LP reported that it supplied in the relevant period.

• (4) Where sub-paragraph (3) applies, LP may—

• (a) submit an amended report to the appropriate agency for the relevant period; and

• (b) in that amended report, treat any non-consumer shipment packaging which LP supplied during the relevant period as if it were secondary packaging or tertiary packaging, for the purposes of reporting how much primary, secondary, tertiary and shipment packaging in each packaging category, and how much household packaging in each packaging category, LP supplied in the relevant period.

• (5) If LP elects to submit an amended report under sub-paragraph (4), the report must be—

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

• (b) submitted to the appropriate agency on or before 31st December 2025; and

• (c) verified by the signature of an approved person of LP.

• (6) No charge is payable for resubmitting a report, if the report is only amended in accordance with sub-paragraph (4).

• (7) Where, under the 2023 Data Regulations, a scheme operator has reported information to the appropriate agency in relation to a producer, this paragraph applies to the scheme operator as it does to a producer with the modifications that—

• (a) the charge payable by the scheme operator for submitting an amended report under sub-paragraph (2) is the charge in paragraph 3(3) of Schedule 1; and

• (b) an amended report under paragraph (4) must be verified by the signature of an approved person of the scheme operator.

• (8) In this paragraph, “non-consumer shipment packaging” has the same meaning as in paragraph 2(3).

Producers: transitional reporting obligations for 2025 data

4

• (1) Sub-paragraph (2) applies if the date on which regulations 34 to 36 come into force (“the commencement date”) is after 1st January 2025.

• (2) Where a producer does not have sufficient data to report in accordance with regulation 35 or 36, as applicable to that producer, for the period beginning with 1st January 2025 and ending immediately before the commencement date (“the pre-commencement period”), the producer—

• (a) is not required to submit a report which includes information for the pre-commencement period; but

• (b) must submit a report in accordance with regulation 35 or 36, as applicable—

• (i) for the period from the commencement date to 30th June 2025, in the case of information which, but for this paragraph, the producer would be required to report for a period of 6 months beginning on 1st January 2025;

• (ii) for the period from the commencement date to 31st December 2025, in the case of information which, but for this paragraph, the producer would be required to report for a period of 12 months beginning on 1st January 2025.

Producers: scaling up of data reported for part of a reporting period

5

• (1) This paragraph applies—

• (a) in relation to a reporting period commencing on 1st January 2024, where a producer has reported relevant data to the appropriate agency for only part of that reporting period—

• (i) under the 2023 Data Regulations or under paragraph 2(1) of this Schedule, by virtue of—

• (aa) regulation 2(2) of the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 or the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024;

• (bb) regulation 3(2) of the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024; or

• (cc) regulation 18(2) of the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024; or

• (ii) under paragraph 2(4) or (5) of this Schedule, by virtue of paragraph 2(6) and (7); and

• (b) in relation to a reporting period commencing on 1st January 2025, where a producer has reported relevant data to the appropriate agency for only part of that reporting period, by virtue of paragraph 3 of this Schedule.

• (2) Where this paragraph applies, the appropriate agency must, in relation to each description of relevant data reported by the producer, calculate an adjusted amount (“the scaled-up amount”) in accordance with the formula—

$$A×CB$ where— “A” means the amount in tonnes or kilograms, as applicable, reported by the producer; “B” means the number of days in the reporting period for which the producer has reported that amount; “C” means the number of days in the whole reporting period.$

• (3) The scaled-up amounts calculated under sub-paragraph (2) are to be used—

• (a) if the producer has recycling obligations, for the purpose of calculating those obligations under Schedule 5;

• (b) if the producer is a liable producer under Part 5, for the purpose of calculating the disposal fee and administration fee payable by the producer under that Part.

• (4) In this paragraph, “relevant data” means an amount of packaging, household packaging or packaging waste, or of a description of packaging, household packaging or packaging waste, which a producer was or is required to report to the appropriate agency—

• (a) in relation to a reporting period in 2024, under—

• (i) regulation 17 of, and Schedule 1 to, the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023;

• (ii) regulation 18 of, and Schedule 1 to, the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; or

• (iii) paragraph 2 of this Schedule;

• (b) in relation to a reporting period in 2025, under regulation 35 or 36 of, and Schedule 4 to, these Regulations.

Producers: transitional packaging

6

• (1) Where a report submitted by a large producer (“PR”) under regulation 35 in relation to a period ending on 31st December 2024 (a “regulation 35 report”) includes information about transitional packaging, PR may choose to submit a report to the appropriate agency containing the information in sub-paragraph (2).

• (2) The information in this sub-paragraph is the proportion of transitional packaging in each packaging category which a producer has been required to recycle under the 2007 Regulations or the 2007 (NI) Regulations (“P”), calculated as follows—

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

• (3) In sub-paragraphs (1) and (2), “transitional packaging” means packaging about which PR has reported information in a regulation 35 report, which has already been the subject of recycling obligations under regulation 4(4)(b) of, and Schedule 2 to, the 2007 Regulations or the 2007 (NI) Regulations.

• (4) If PR submits a report under sub-paragraph (1), it must be submitted—

• (a) in accordance with regulation 39(2); and

• (b) on the date on which PR submits a regulation 35 report for the period referred to in sub-paragraph (1).

• (5) Where PR has submitted a report under sub-paragraph (1) in relation to transitional packaging in a packaging category, paragraph 2(1) of Schedule 5 applies with the modification in sub-paragraph (6) for the purposes of calculating PR’s recycling obligation in relation to that packaging category.

• (6) The modification is that, in calculating the value of X for the packaging category for the purposes of the formula in paragraph 2(1) of Schedule 5, there shall be excluded from the amount of the transitional packaging in that packaging category which PR supplied in the reporting period a proportion of that amount equal to the value of P for that packaging category as calculated in accordance with sub-paragraph (2).

Producers: calculation of disposal fees

7

• (1) The scheme administrator may, for the purpose of calculating disposal fees and administration fees payable by producers for the 2025 assessment year, use data reported to the appropriate agency by or in relation to producers under the 2023 Data Regulations, and the appropriate agency may share such data with the scheme administrator for that purpose.

• (2) Where, under paragraph 5(3) of this Schedule, scaled-up amounts are used for the purpose of calculating the disposal fee payable by a producer—

• (a) in calculating CW for the purposes of regulations 62(1) and 63(2), (4) and (6), the definitions of CW in those paragraphs have effect with the modification that any reference to a weight reported by or in relation to the producer as having been supplied in a calendar year is to be treated as a reference to the scaled-up amount of that weight;

• (b) in calculating E for the purposes of regulation 62(1), regulation 62(3)(a) has effect with the modification that the scheme administrator must take into account, where applicable, the scaled-up amounts of the household packaging reported by or in relation to producers as referred to in that paragraph;

• (c) in calculating TW for the purposes of regulation 63(2), (4) or (6), regulation 63(7)(a) has effect with the modification that the scheme administrator must take into account, where applicable, the scaled-up amounts of the packaging reported by or in relation to producers as referred to in that paragraph.

• (3) In relation to the calculation of disposal fees for the 2025 assessment year, regulation 63(5) to (7) have effect as if references to commonly binned or littered items of household packaging were references to items of household packaging listed in—

• (a) paragraph 17(2) of Schedule 1 to the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 or the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; and

• (b) paragraph 16(2) of Schedule 1 to the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023.

• (4) In sub-paragraph (2), references to “scaled-up amounts” have the meaning given in paragraph 5(2).

Producers: approved persons

8

• (1) This sub-paragraph applies where, in relation to a producer, a person has been approved by the appropriate agency under—

• (a) regulation 24(1) of the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or

• (b) regulation 25(1) of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023,

for the purposes specified in that regulation, and that approval remained in effect immediately before this paragraph came into force.

• (2) Where sub-paragraph (1) applies, that person is to be treated as an approved person of the producer for the purposes of these Regulations, unless the producer informs the appropriate agency otherwise by a notice under regulation 132(2)(b).

Compliance schemes

9

• (1) Where a compliance scheme has been approved under the 2007 Regulations or the 2007 (NI) Regulations and that approval remains in effect immediately before Part 4 of these Regulations comes into force, the compliance scheme is to be treated as having been approved for the purposes of these Regulations until 1st February 2026 unless—

• (a) the scheme operator gives the appropriate agency notice in writing that it wishes the approval of the scheme to be withdrawn before that date; or

• (b) the appropriate agency withdraws approval of the scheme under regulation 49 of these Regulations.

• (2) The scheme operator of a compliance scheme referred to in sub-paragraph (1) is subject to the obligations imposed on scheme operators under these Regulations.

Reprocessors, exporters, PRNs and PERNs

10

• (1) Notwithstanding the revocation of Part 5 of the 2007 Regulations and Part 5 of the 2007 (NI) Regulations on 1st January 2026—

• (a) a reprocessor or exporter who, in relation to 2025, is accredited under Part 5 of either of those Regulations (“RE”) is to be treated as being accredited under that Part until 31st January 2026 for the purposes of issuing PRNs or PERNs in relation to packaging waste received or exported before 31st December 2025, unless—

• (i) RE informs the appropriate agency that it wishes its accreditation to be cancelled; or

• (ii) the appropriate agency cancels or suspends RE’s accreditation;

• (b) RE must continue to comply until 28th February 2026 with the obligations imposed on reprocessors and exporters under the 2007 Regulations or the 2007 (NI) Regulations in relation to RE’s accreditation for 2025.

• (2) For the purposes of sub-paragraph (1)(a), regulation 26 (suspension and cancellation of accreditation) of the 2007 Regulations and of the 2007 (NI) Regulations continue to have effect until 31st January 2026 as if they had not been revoked.

• (3) For the purposes of sub-paragraph (1)(b), regulation 25 and Schedule 5 (conditions of accreditation) of the 2007 Regulations and of the 2007 (NI) Regulations continue to have effect until 28th February 2026 as if they had not been revoked.

• (4) A producer or compliance scheme may rely on PRNs and PERNs acquired from a reprocessor or exporter accredited under Part 5 of the 2007 Regulations or Part 5 of the 2007 (NI) Regulations in the year to 31st December 2024, which have not been used to demonstrate compliance with their recycling obligations under those Regulations in that year, to demonstrate compliance with their recycling obligations under these Regulations in 2025.

• (5) A producer or compliance scheme may rely on PRNs and PERNs acquired from a reprocessor or exporter accredited under Part 5 of the 2007 Regulations or Part 5 of the 2007 (NI) Regulations in the year to 31st December 2025, to demonstrate compliance with their recycling obligations under these Regulations in 2025 or 2026.

Information notices

11

• (1) Any information notice served by the appropriate agency on a person continues to have effect on and after the relevant date notwithstanding the revocation of the provision under which it was served, and is to be treated on and after the relevant date as if it were a notice under regulation 110 of these Regulations.

• (2) But sub-paragraph (1) does not apply if the information notice—

• (a) was complied with before the relevant date; or

• (b) specified a period for compliance which ended before, or a date for compliance which was before, the relevant date.

• (3) In this paragraph—

• (a) “information notice” means a notice under—

• (i) regulation 31(3) of the 2007 Regulations or the 2007 (NI) Regulations;

• (ii) regulation 23(3) of the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or

• (iii) regulation 24(3) of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023;

• (b) “the relevant date” means—

• (i) the date on which this paragraph comes into force, except in relation to an information notice referred to in sub-paragraph (ii);

• (ii) 1st January 2026, in relation to an information notice under regulation 31(3)(c), (d) or (e) of the 2007 Regulations or the 2007 (NI) Regulations.

Appropriate agencies: reports

12

• (1) Each appropriate agency must publish by 31st May 2025 a report setting out the monitoring and enforcement activities it has carried out in 2024 under—

• (a) the 2007 Regulations or the 2007 (NI) Regulations, as applicable; and

• (b) the 2023 Data Regulations.

• (2) Each appropriate agency must, in the first report that it publishes under regulation 111(2), set out (in addition to the matters specified there) the monitoring and enforcement activities it has carried out in 2025 under the 2007 Regulations or the 2007 (NI) Regulations.

SCHEDULE 16 — Consequential amendments

Amendment of the 2007 Regulations

1

• (1) The 2007 Regulations are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1), omit the definition of “PRONIR”;

• (b) in paragraph (2)—

• (i) omit the definitions of “allocation method”, “approved person”, “calculation year”, “consumer information obligations”, “DOENI”, “financial year”, “marine installation”, “obligation year”, “producer responsibility obligations”, “recycling obligations,” “relevant date”, “relevant year”, “SIC code”, “small producer” and “turnover”;

• (ii) in the definition of “appropriate authority”, in paragraph (a), for “regulations 2A, 2B and 4(7)” substitute “regulations 2A and 2B”;

• (c) omit paragraphs (3) and (4).

• (3) Omit Parts 2 and 3.

• (4) Omit regulations 20 to 22.

• (5) In regulation 22A—

• (a) in paragraph (1), omit sub-paragraphs (a) and (b);

• (b) omit paragraph (3).

• (6) In regulation 27, omit paragraphs (1) and (2).

• (7) Omit regulation 30.

• (8) In regulation 31—

• (a) in paragraph (1), omit sub-paragraphs (a) to (c);

• (b) omit paragraph (2);

• (c) in paragraph (3), omit sub-paragraphs (a) and (b).

• (9) Omit regulation 32.

• (10) In regulation 33, in paragraph (1), omit sub-paragraph (a).

• (11) Omit regulations 34 and 34A.

• (12) In regulation 36, omit paragraphs (2) and (4).

• (13) Omit Part 8.

• (14) In regulation 40—

• (a) omit paragraphs (1) to (3);

• (b) in paragraph (5), omit “or furnishes information to which regulation 19 applies to an operator of a scheme”;

• (c) omit paragraph (8);

• (d) in paragraph (9), for “(8)” substitute “(7)”.

• (15) In each of regulations 40A(1) and 40B(1), omit the entries in the table relating to regulation 40(1)(a), 40(1)(b), 40(1)(c), 40(3), 40(8)(a) and 40(8)(b).

• (16) Omit Parts 11 and 12.

• (17) Omit Schedules 1 to 4.

• (18) In Schedule 5, at the end insert—

(3) In paragraph 1(g) and (k), references to producers or operators of schemes include, in relation to the year 2025, persons who are producers or scheme operators under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.

• (19) In Schedule 7—

• (a) in paragraph 1, omit sub-paragraphs (a) and (b);

• (b) omit paragraphs 3 and 4.

• (20) Omit Schedules 8 to 10.

Amendment of the 2007 (NI) Regulations

2

• (1) The 2007 (NI) Regulations are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1), omit the definition of “PROR”;

• (b) in paragraph (2), omit the definitions of “allocation method”, “approved person”, “calculation year”, “consumer information obligations”, “financial year”, “marine installation”, “obligation year”, “organic recycling”, “preceding year”, “producer responsibility obligations”, “recycling obligations”, “relevant date”, “relevant year”, “SIC code”, “small producer” and “turnover”;

• (c) omit paragraphs (3) and (4).

• (3) Omit Parts 2 and 3.

• (4) Omit regulations 20 to 22.

• (5) In regulation 22A—

• (a) in paragraph (1), omit sub-paragraphs (a) and (b);

• (b) omit paragraph (3).

• (6) In regulation 27, omit paragraphs (1) and (2).

• (7) Omit regulation 30.

• (8) In regulation 31—

• (a) in paragraph (1), omit sub-paragraphs (a) to (c);

• (b) omit paragraph (2);

• (c) in paragraph (3), omit sub-paragraphs (a) and (b).

• (9) Omit regulation 32.

• (10) In regulation 33, in paragraph (1), omit sub-paragraph (a).

• (11) Omit regulations 34 and 34A.

• (12) In regulation 35, in paragraph (2)(h)(i), for “regulations 20, 22 and 25” substitute “regulation 25”.

• (13) Omit regulation 36.

• (14) Omit Part 8.

• (15) In regulation 40—

• (a) omit paragraphs (1) to (3);

• (b) in paragraph (5), omit “or furnishes information to which regulation 19 applies to an operator of a scheme”;

• (c) omit paragraph (8);

• (d) in paragraph (9), for “(8)” substitute “(7)”.

• (16) Omit Schedule 1.

• (17) Omit Schedules 2 to 4.

• (18) In Schedule 5, at the end insert—

(3) In paragraph 1(g) and (k), references to producers or operators of schemes include, in relation to the year 2025, persons who are producers or scheme operators under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.

• (19) In Schedule 7—

• (a) in paragraph 1, omit sub-paragraphs (a) and (b);

• (b) omit paragraphs 3 and 4.

• (20) Omit Schedules 9 to 11.

Amendment of the Waste Batteries and Accumulators Regulations 2009

3

In the Waste Batteries and Accumulators Regulations 2009[^f00096]—

• (a) in regulation 52(2)(e)(iii)(cc), after “2007” insert “or the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024”;

• (b) in paragraph 7 of Schedule 3, in sub-paragraph (1)(c), after “2007” insert “or the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024”.

Amendment of the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013

4

In the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013[^f00097], in Part 2 of the Schedule, after paragraph (k), insert—

(l) An offence under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024.

SCHEDULE 17 — Revocations

1

The following instruments are revoked—

• (a) the Packaging Waste (Data Reporting) (England) Regulations 2023[^f00098];

• (b) the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023[^f00099];

• (c) the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023[^f00100];

• (d) the Packaging Waste (Data Reporting) (Scotland) Regulations 2023[^f00101];

• (e) the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023[^f00102];

• (f) the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023[^f00103];

• (g) the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024[^f00104];

• (h) the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024[^f00105];

• (i) the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024[^f00106];

• (j) the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024[^f00107].

2

The following instruments are revoked on 1st January 2026—

• (a) the 2007 Regulations;

• (b) the 2007 (NI) Regulations;

• (c) the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations 2008[^f00108];

• (d) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland)) 2008[^f00109];

• (e) the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations (Northern Ireland) 2008[^f00110];

• (f) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2010[^f00111];

• (g) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010[^f00112];

• (h) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012[^f00113];

• (i) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2013[^f00114];

• (j) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2013[^f00115];

• (k) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2016[^f00116];

• (l) the Producer Responsibility Obligations (Packaging Waste) (Miscellaneous Amendments) Regulations 2016[^f00117];

• (m) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2016[^f00118];

• (n) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2017[^f00119];

• (o) the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) Regulations (Northern Ireland) 2017[^f00120];

• (p) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2020[^f00121];

• (q) the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2020[^f00122];

• (r) the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2020[^f00123];

• (s) the Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020[^f00124];

• (t) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2022[^f00125];

• (u) the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2022[^f00126];

• (v) the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2022[^f00127];

• (w) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2023[^f00128];

• (x) the Producer Responsibility Obligations (Packaging Waste) (Amendment No.2) Regulations (Northern Ireland) 2023[^f00129];

• (y) the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2023[^f00130];

• (z) the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2023[^f00131].

Signed

Mary Creagh — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 11th December 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations impose requirements on producers of packaging who are established in the United Kingdom. They require producers to register with the appropriate agency, to collect and report data in relation to packaging they supply, and to assess the recyclability of packaging they supply. They also require certain producers to meet recycling obligations and to pay annual fees as a contribution to the net costs of local authorities providing a waste management service in relation to household packaging waste, and the costs of providing public information about disposal of packaging waste. They establish a scheme administrator to administer the provisions on disposal costs and to distribute amounts collected from producers. They also regulate compliance schemes which perform obligations on behalf of producers who are scheme members, and reprocessors and exporters of packaging waste.

Part 1 (regulations 1 to 14) contains interpretation and other general provisions. Regulation 13 and Schedule 1 prescribe charges payable for applications and other matters specified in the Regulations.

Part 2 (regulations 15 to 27) contains provision about producers. Chapter 1 specifies the producers, and classes of producers, which may have obligations under these Regulations and, in relation to each class of producer, the packaging in relation to which producers of that class may have obligations. Chapter 2 (regulations 23 to 26) sets out the threshold criteria which determine whether a producer is a large producer or a small producer for the purposes of these Regulations, gives an overview of the producer responsibility obligations of large producers and small producers, and makes provision about assessments of the recyclability of packaging. Chapter 3 (regulation 27) makes provision about the effect of insolvency and other events on a producer’s obligations.

Part 3 (regulations 28 to 41) contains more detailed provisions about producer responsibility obligations. Chapter 1 contains provision about registration of producers. Chapter 2 and Schedule 4 contain provision about record-keeping and reporting obligations. Chapter 3 and Schedule 5 contain provision about recycling and certification obligations.

Part 4 (regulations 42 to 56) contains provision about the obligations of compliance schemes and their operators, including requirements for the approval and registration of such schemes, and about the effect of compliance scheme membership upon a producer’s obligations.

Part 5 (regulations 57 to 83) contains provision about disposal costs and disposal fees. Chapter 1 contains interpretation provisions. Chapter 2 provides for the appointment of a scheme administrator and Schedule 7 makes further provision about the functions of the scheme administrator and the principles it must follow. Chapter 3 makes certain large producers which supply household packaging (“liable producers”) liable to pay disposal fees and administration fees to the scheme administrator and provides for the calculation of those fees. It includes provision for the “modulation” of disposal fees payable by a liable producer (regulation 64), that is, for the scheme administrator to be able to adjust those fees to reflect the extent to which household packaging supplied by the producer is environmentally sustainable, and to incentivize the use of more environmentally sustainable packaging. Chapter 4 makes provision about the assessment by the scheme administrator of the “chargeable disposal costs” of relevant authorities (local authorities with waste collection or disposal functions), that is, the amounts which relevant authorities are entitled to be paid by the scheme administrator out of the disposal fees it collects from liable producers, in respect of the costs those authorities incur in relation to the management of household packaging waste. Chapter 5 provides for the recalculation in certain circumstances of amounts calculated or assessed under Chapters 3 and 4.

Part 6 (regulations 84 to 100) and Schedule 8 regulate reprocessors who recycle packaging waste at reprocessing sites in the United Kingdom and exporters who export packaging waste to be recycled at overseas reprocessing sites. Chapter 1 contains interpretation provisions. Chapter 2 provides for the registration of reprocessors and exporters. Chapter 3 prohibits the issue of PRNs or PERNs (that is, documents which may be used by producers and scheme operators as evidence of compliance with their recycling obligations) by anyone other than a reprocessor or exporter who issues them in accordance with an accreditation granted by the appropriate agency. It makes provision about accreditation and imposes record keeping and reporting requirements on accredited reprocessors and exporters.

In Part 7 (regulations 101 and 102), regulation 101 and Schedule 9 make provision about the application of producer responsibility obligations where two or more members of a corporate group are each a producer, including provision for group registrations. Regulation 102 and Schedule 10 apply certain record-keeping and reporting requirements to licensors and pub operating businesses.

Part 8 (regulations 103 to 108) and Schedule 11 contain provisions about appeals.

Part 9 (regulations 109 to 113) and Schedule 12 contain provisions about monitoring and enforcement by the appropriate agencies.

Part 10 (regulations 114 to 126) and Schedule 13 contain provisions about offences and civil sanctions.

Part 11 (regulations 127 to 140) contain miscellaneous and supplementary provisions. Regulation 137 and Schedule 15 make transitional, transitory and saving provisions. Regulation 139 and Schedule 17 contain revocations.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published alongside these Regulations on www.legislation.gov.uk and available from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF.

Footnotes

[^f00001]: 2021 c. 30.

[^f00002]: 1990 c. 43.

[^f00003]: S.I. 2007/871.

[^f00004]: S.R. 2007 No. 198.

[^f00005]: S.I. 2023/219, amended by S.I. 2023/721 and 2024/359.

[^f00006]: S.I. 2023/798 (W. 127), amended by S.I. 2024/400 (W. 72).

[^f00007]: S.S.I. 2023/7, amended by S.S.I. 2023/160 and 2024/42.

[^f00008]: S.R. 2023 No. 25, amended by S.R. 2023 No. 106 and 2024 No. 80.

[^f00009]: There are amendments to section 89 which are not relevant to these Regulations.

[^f00010]: S.I. 1994/1896 (N.I. 10). Article 12C was inserted by section 17(2) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23).

[^f00011]: S.S.I. 2020/154, amended by S.S.I. 2022/76 and 2023/201 and 334.

[^f00012]: 2009 asp 12.

[^f00013]: 2006 c. 46. Section 1159(4) provides that in that section and Schedule 6 “company” includes any body corporate.

[^f00014]: 2000 c .12.

[^f00015]: 1890 c. 39.

[^f00016]: 1907 c. 24.

[^f00017]: 1972 c. 9 (N.I.).

[^f00018]: The Indexes are published online by the Office for National Statistics at: https://www.ons.gov.uk/methodology/classificationsandstandards/ukstandardindustrialclassificationofeconomicactivities/uksic2007 and information on how to obtain a hard copy may be obtained by contacting the Office for National Statistics, Classifications and Harmonisation Unit, Government Buildings, Cardiff Road, Newport, South Wales NP10 8XG (tel: +44(0)1329 444970 email: classifications.helpdesk@ons.gsi.gov.uk).

[^f00019]: 1994 c. 26.

[^f00020]: 2006 c. 46. There are amendments to section 539 which are not relevant to these Regulations.

[^f00021]: 1990 c. 43. There are amendments to section 30 which are not relevant to these Regulations.

[^f00022]: OJ L312, 22.11.2008, p. 3.

[^f00023]: OJ L150, 14.6.2018, p. 109.

[^f00024]: S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

[^f00025]: S.I. 2002/618; amended by S.I. 2008/2936 and 2019/791 and, in relation to Northern Ireland, by S.I. 2021/905. There are other amending instruments but none is relevant.

[^f00026]: S.I. 2013/2033.

[^f00027]: OJ L4, 7.1.2019, p. 43.

[^f00028]: S.I. 2015/1640.

[^f00029]: 1984 c. 24; relevant amending instruments are S.I. 2005/2011, 2007/3101 and 2019/593.

[^f00030]: 1983 c. 54. Section 34C was inserted by S.I. 2010/234.

[^f00031]: S.I. 1997/2778 (N.I. 19).

[^f00032]: Section 34D was inserted into the 1990 Act, in relation to Wales, by section 66(1) of the Environment (Wales) Act 2016 (anaw 3).

[^f00033]: Subsection (7B) was inserted into the 1990 Act, in relation to Scotland, by S.S.I. 2012/148.

[^f00034]: The definition of “food waste” was inserted into article 2(2) by S.R. 2015 No. 14.

[^f00035]: Relevant amendments to section 75 in relation to Scotland have been made by paragraph 88(3) of Schedule 22 to the Environment Act 1995 (c. 25), paragraph 17 of Schedule 3 to the Regulation of Care (Scotland) Act 2001 (asp 8) and S.S.I. 2005/22.

[^f00036]: S.I. 1992/588.

[^f00037]: Relevant amentments to section 75 in relation to England and Wales have been made by paragraph 88(3) of Schedule 22 to the Environment Act 1995 (c. 25) and S.I. 2006/937 and 2019/620.

[^f00038]: S.I. 2012/811.

[^f00039]: S.R. 2013 No. 255, amended by S.R. 2014 No. 117, S.R. 2018 No. 200, S.I. 2019/289 and S.R. 2020 No. 285.

[^f00040]: 1998 c. 41. Paragraph 11 was amended by paragraph 3 of Part 1 of Schedule 10 to the Local Government Finance Act 1992 (c. 14).

[^f00041]: 1956 c. 60. Section 22 was substituted by paragraph 10 of Schedule 13 to the Local Government Finance Act 1992 (c. 14).

[^f00042]: S.I. 1997/2157 (N.I. 28).

[^f00043]: 2011 c. 25.

[^f00044]: 2008 c. 12 (N.I.).

[^f00045]: 2010 c. 4. Section 202 has been amended by paragraph 27(2) of Schedule 6 to the Finance Act 2010 (c. 13), section 35(5) of the Finance Act 2014 (c. 26) and S.I. 2012/964.

[^f00046]: 2005 asp 10.

[^f00047]: S.I. 2023/219; regulation 22A was inserted by S.I. 2024/359.

[^f00048]: S.I. 2023/798 (W.127); regulation 22A was inserted by S.I. 2024/400 (W.72).

[^f00049]: S.S.I. 2023/7; regulation 22A was inserted by S.S.I. 2024/42.

[^f00050]: S.R.2023 No. 25; regulation 23A was inserted by S.R. 2024 No. 80.

[^f00051]: IFRS Accounting Standards are published by the International Accounting Standards Board. They are available to view at https://www.ifrs.org/issued-standards/list-of-standards/ (registration for a free account is required). Hard copies can be purchased online at https:shop.ifrs.org.

[^f00052]: Section 36 of the 1990 Act was repealed by S.I. 2007/3538 in relation to England and Wales and remains in force in relation to Scotland only. There are amendments to section 36 in relation to Scotland which are not relevant to these Regulations.

[^f00053]: S.I. 2016/1154.

[^f00054]: S.S.I. 2012/360.

[^f00055]: S.R. 2013 No. 160. Regulation 10 is amended by S.R. 2014 No. 304.

[^f00056]: S.S.I. 2018/219.

[^f00057]: S.I. 1997/2777 (N.I. 18). Article 6 is amended by S.R. 2003 No. 46 and 2005 No. 285.

[^f00058]: S.I. 1997/2778 (N.I. 19). There are amendments to article 8 which are not relevant to these Regulations.

[^f00059]: S.I. 1991/1624. The Regulations were revoked in relation to England and Wales by S.I. 2011/988 (partially) and 2015/426 (remainder), and they remain in force in relation to Scotland only.

[^f00060]: 1989 c. 14. By virtue of regulation 24 of S.I. 2011/988, provisions of the Act have effect with the modifications set out in that regulation, in relation to the registration of carriers of controlled waste under Part 8 of S.I. 2011/988.

[^f00061]: S.I. 2011/988; relevant amending instruments are S.I. 2013/755 and 2014/656.

[^f00062]: S.R. 1999 No. 362, amended by S.R. 2011 No. 127; there are other amending instruments but none is relevant.

[^f00063]: S.S.I. 2011/228; relevant amending instruments are S.S.I. 2012/360 and 2018/391.

[^f00064]: S.R. 2003 No. 493; relevant amendments are made by section 65 of the Environment Act 2021 (c. 30) and by S.R. 2006 No, 280, 519, 2009 No. 76, 2011 No. 78, 127.

[^f00065]: S.I. 2007/1711; relevant amending instruments are S.I. 2008/9, 2014/861 and 2019/590.

[^f00066]: EUR 2006/1013, amended by S.I. 2019/473, 590, 2020/1455, 2021/785.

[^f00067]: EUR 1418/2007, amended by S.I. 2019/590 and 2021/785.

[^f00068]: 1995 c. 25. Section 108 has been amended in relation to England and Wales by paragraph 5 of Schedule 10 to the Environment Act 2021 (c. 30) and S.I. 2016/475, and in relation to Scotland by section 46(2) of the Regulatory Reform (Scotland) Act 2014 (asp 3). There are other amendments to section 108 which are not relevant. Section 108A was inserted by section 46(3) of the Regulatory Reform (Scotland) Act 2014 (asp 3).

[^f00069]: S.I. 1997/2778 (N.I. 19). Section 72 has been amended by section 11(2) of, and Schedule 2 to, the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 (c. 5) and by S.I. 2007/611 (N.I. 3), There are other amendments to section 72 which are not relevant.

[^f00070]: 2006 c. 46.

[^f00071]: Section 790C was inserted by paragraph 1 of Schedule 3 to the Small Business, Enterprise and Employment Act 2015 (c. 26), and amended by S.I. 2016/136, 2017/693, 694, 2019/348. Schedule 1A was inserted by paragraph 2 of Schedule 3 to that Act.

[^f00072]: 2015 c. 26.

[^f00073]: 1995 c. 25. Section 41(1)(n) was inserted by section 64(2) of the Environment Act 2021 (c. 30).

[^f00074]: S.I. 1997/2778 (N.I. 19). Article 76A was inserted by section 65(1) of the Environment Act 2021.

[^f00075]: S.R 2003 No. 493. Regulation 20B was inserted by section 65(6) of the Environment Act 2021.

[^f00076]: 1986 c. 45. Some provisions of the 1986 Act have effect, with modifications, in relation to LLPs by virtue of article 5 of S.I. 2001/1090 and in relation to some partnerships by virtue of S.I. 1994/2421.

[^f00077]: 2016 asp 21.

[^f00078]: S.I. 1989/2405 (N.I. 19). Some provisions of the 1989 Order have effect, with modifications, in relation to LLPs by virtue of article 5 of S.R. 2004 No. 307 and in relation to some partnerships by virtue of S.R. 1995 No. 225.

[^f00079]: Section 84 of the 1986 Act and article 70 of the 1989 Order were amended by S.I. 2007/2194; there are other amendments to both those provisions but none is relevant.

[^f00080]: Schedule B1 to the 1986 Act was inserted by section 248(2) of, and Schedule 16 to, the Enterprise Act 2002 (c. 40).