The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025
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Change 1
6 Amendment of Part 3 (producer responsibility obligations)
(1) In regulation 28 (application for producer registration), after paragraph (2) insert— (2A) A producer who is required by regulation 27A(3) to register after a corporate merger must submit an application for producer registration to the appropriate agency— (a) on or before the earliest date on which any of the merged bodies referred to in regulation 27A would have been required to apply for registration under paragraph (1) for the relevant year in which the merger takes place; or (b) if later, before the end of a period of 28 days beginning with the day on which the merger takes place. (2B) A producer who is required by regulation 27B(3) to register or to re-register after acquiring a brand or business from another producer must submit an application for producer registration to the appropriate agency— (a) on or before the date on which the transferor referred to in regulation 27B would have been required to apply for registration under paragraph (1) for the relevant year in which the transfer of the brand or business takes place; or (b) if later, before the end of a period of 28 days beginning with the day on which the transfer takes place. . (2) In regulation 29 (making an application for producer registration), in paragraph (3)— (a) after sub-paragraph (a), omit “and”; (b) after sub-paragraph (b) insert— ; and (c) the additional charge in paragraph 2(2A) of Schedule 1, if the producer is 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. . (3) In regulation 31 (conditions of registration of a producer), in sub-paragraph (e)— (a) omit “P informs the appropriate agency”; and (b) at the end, insert “, P informs the appropriate agency within 28 days of ceasing to be a producer”. (4) In regulation 34 (record keeping obligations)— (a) in paragraph (1), in Table 1, in the third column of the entry for “Seller”, omit “12,”; (b) for paragraph (2) substitute— (2) A producer must keep— (a) any data which the producer is required to collect under paragraph (1), and (b) any evidence which the producer is required by paragraph 1(3) of Schedule 4 to be able to provide in relation to that data, for at least 7 years after the end of the reporting period to which the data relate. ; (c) in paragraph (3)— (i) in sub-paragraph (a)(i), for “paragraph 12” substitute “paragraph 12(1)”; (ii) after sub-paragraph (a) insert— (aa) retain evidence— (i) of the amount of closed loop packaging waste which P has collected from consumers, and reported on under paragraph 12(2) of Schedule 4; (ii) that the packaging waste satisfies all the elements of the definition of “closed loop packaging waste” in paragraph (5A); (iii) that the packaging waste has been recycled into food grade plastic materials or articles; ; (iii) in sub-paragraph (b), for “that evidence” substitute “evidence retained under sub-paragraphs (a) and (aa)”; (d) in paragraph (4), in the closing words, after “but” insert “not including closed loop packaging waste and”; (e) after paragraph (5) insert— (5A) In this regulation— “closed loop packaging waste” means household packaging waste which meets all the following conditions— the waste is food grade plastic household packaging which has become waste; that household packaging has been— supplied by a producer as filled packaging on or after 1st January 2024; and included by that producer in an amount of household packaging which, in a report under these Regulations or the 2023 Data Regulations, the producer reported to the appropriate agency that it supplied in a reporting period; the waste is— collected directly from a consumer by or on behalf of the producer who supplied the packaging, and sent by or on behalf of that producer for recycling, without being mixed with any materials other than household packaging waste from packaging which meets the conditions in paragraphs (a) and (b) and was supplied by the same producer; the waste is sent by that producer for recycling by a single reprocessor at one or more reprocessing sites or overseas reprocessing sites (where the recycling may be in addition to other recycling carried out by that reprocessor); “food grade”, in relation to plastic materials or articles, means plastic materials or articles which— are intended to come into contact with food; and meet the requirements for being placed on the market in— Article 4(a), (c), (d) and (e) of Commission Regulation (EU) No 10/2011; and Article 3 of Commission Regulation (EU) No 282/2008, if the materials or articles are recycled. . (5) In regulation 35 (reporting obligations: large producers), in paragraph (1), in Table 2, in the third column of the entry for “Seller”, omit “12,”.
6 Amendment of Part 3 (producer responsibility obligations)
(1) In regulation 28 (application for producer registration), after paragraph (2) insert— (2A) A producer who is required by regulation 27A(3) to register after a corporate merger must submit an application for producer registration to the appropriate agency— (a) on or before the earliest date on which any of the merged bodies referred to in regulation 27A would have been required to apply for registration under paragraph (1) for the relevant year in which the merger takes place; or (b) if later, before the end of a period of 28 days beginning with the day on which the merger takes place. (2B) A producer who is required by regulation 27B(3) to register or to re-register after acquiring a brand or business from another producer must submit an application for producer registration to the appropriate agency— (a) on or before the date on which the transferor referred to in regulation 27B would have been required to apply for registration under paragraph (1) for the relevant year in which the transfer of the brand or business takes place; or (b) if later, before the end of a period of 28 days beginning with the day on which the transfer takes place. . (2) In regulation 29 (making an application for producer registration), in paragraph (3)— (a) after sub-paragraph (a), omit “and”; (b) after sub-paragraph (b) insert— ; and (c) the additional charge in paragraph 2(2A) of Schedule 1, if the producer is 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. . (3) In regulation 31 (conditions of registration of a producer), in sub-paragraph (e)— (a) omit “P informs the appropriate agency”; and (b) at the end, insert “, P informs the appropriate agency within 28 days of ceasing to be a producer”. (4) In regulation 34 (record keeping obligations)— (a) in paragraph (1), in Table 1, in the third column of the entry for “Seller”, omit “12,”; (b) for paragraph (2) substitute— (2) A producer must keep— (a) any data which the producer is required to collect under paragraph (1), and (b) any evidence which the producer is required by paragraph 1(3) of Schedule 4 to be able to provide in relation to that data, for at least 7 years after the end of the reporting period to which the data relate. ; (c) in paragraph (3)— (i) in sub-paragraph (a)(i), for “paragraph 12” substitute “paragraph 12(1)”; (ii) after sub-paragraph (a) insert— (aa) retain evidence— (i) of the amount of closed loop packaging waste which P has collected from consumers, and reported on under paragraph 12(2) of Schedule 4; (ii) that the packaging waste satisfies all the elements of the definition of “closed loop packaging waste” in paragraph (5A); (iii) that the packaging waste has been recycled into food grade plastic materials or articles; ; (iii) in sub-paragraph (b), for “that evidence” substitute “evidence retained under sub-paragraphs (a) and (aa)”; (d) in paragraph (4), in the closing words, after “but” insert “not including closed loop packaging waste and”; (e) after paragraph (5) insert— (5A) In this regulation— “closed loop packaging waste” means household packaging waste which meets all the following conditions— the waste is food grade plastic household packaging which has become waste; that household packaging has been— supplied by a producer as filled packaging on or after 1st January 2024; and included by that producer in an amount of household packaging which, in a report under these Regulations or the 2023 Data Regulations, the producer reported to the appropriate agency that it supplied in a reporting period; the waste is— collected directly from a consumer by or on behalf of the producer who supplied the packaging, and sent by or on behalf of that producer for recycling, without being mixed with any materials other than household packaging waste from packaging which meets the conditions in paragraphs (a) and (b) and was supplied by the same producer; the waste is sent by that producer for recycling by a single reprocessor at one or more reprocessing sites or overseas reprocessing sites (where the recycling may be in addition to other recycling carried out by that reprocessor); “food grade”, in relation to plastic materials or articles, means plastic materials or articles which— are intended to come into contact with food; and meet the requirements for being placed on the market in— Article 4(a), (c), (d) and (e) of Commission Regulation (EU) No 10/2011; and Article 3 of Commission Regulation (EU) No 282/2008, if the materials or articles are recycled. . (5) In regulation 35 (reporting obligations: large producers), in paragraph (1), in Table 2, in the third column of the entry for “Seller”, omit “12,”.
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