The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025

Schedule 4 Transitional provisions

Regulation 18 Interpretation of this Schedule 1 In this Schedule, expressions defined in the 2024 Regulations have the meanings given in those Regulations. Reports of information for a reporting period in 2024 or 2025: closed loop packaging waste 2 (1) Sub-paragraph (3) applies where— (a) before these Regulations came into force, a large producer reported information to the appropriate agency under— (i) the 2023 Data Regulations; or (ii) regulation 35 of the 2024 Regulations, as read with paragraph 2 of Schedule 15 to those Regulations, for a 6-month period ending on 30th June 2024, 31st December 2024 or 30th June 2025; and (b) the conditions in sub-paragraph (2) are satisfied in relation to that producer. (2) The conditions in this sub-paragraph are that— (a) the producer would have been entitled to report an amount of packaging waste as closed loop packaging waste under paragraph 12(2) of Schedule 4 to the 2024 Regulations, as amended by these Regulations, had the 2024 Regulations been in force with the amendments made by regulations 6(4) and 13 of these Regulations when the producer reported that information; (b) the producer has retained evidence of the matters set out in regulation 34(3)(aa) of the 2024 Regulations, as inserted by regulation 6(4)(c) of these Regulations, in relation to that packaging waste (with regulation 34(3)(aa)(i) being read for this purpose as if the words from “and reported on” to the end were omitted); and (c) the producer has not already included that packaging waste in the amount of relevant packaging waste that it has reported under the 2024 Regulations or the 2023 Data Regulations for any reporting period. (3) Where this sub-paragraph applies, the producer may— (a) submit an amended report to the appropriate agency for a reporting period referred to in sub-paragraph (1)(a); and (b) for the purposes of the amended report, include the amount of packaging waste referred to in sub-paragraph (2)(a) in the amount of relevant packaging waste that it reports for that period (regardless of whether the packaging waste in question satisfies the definition of “relevant packaging waste” in regulation 34(4) of the 2024 Regulations). (4) Sub-paragraph (6) applies where— (a) a large producer reports information to the appropriate agency under regulation 35 of the 2024 Regulations for a 6-month period ending on 31st December 2025; and (b) the conditions in sub-paragraph (5) are satisfied in relation to that producer. (5) The conditions in this sub-paragraph are that— (a) the producer would, but for sub-paragraph (6)(a), be entitled to report an amount of packaging waste as closed loop packaging waste under paragraph 12(2) of Schedule 4 to the 2024 Regulations as amended by these Regulations (for this purpose disregarding paragraph 12(5) of that Schedule); and (b) the conditions in sub-paragraph (2)(b) and (c) are satisfied in relation to that packaging waste. (6) Where this sub-paragraph applies, the producer— (a) may not report the packaging waste referred to in sub-paragraph (5)(a) as closed loop packaging waste; but (b) may include that packaging waste in the amount of relevant packaging waste that it reports for the reporting period (regardless of whether the packaging waste in question satisfies the definition of “relevant packaging waste” in regulation 34(4) of the 2024 Regulations). (7) An amended report under sub-paragraph (3)— (a) for the reporting period ending on 30th June 2024 or 31st December 2024 must be submitted to the appropriate agency by 28th January 2026; (b) for the reporting period ending on 30th June 2025 must be submitted to the appropriate agency by 1st April 2026. (8) A producer who submits, or a scheme operator or holding company who submits on behalf of a producer— (a) an amended report under sub-paragraph (3) for one or more reporting periods; or (b) a report for the reporting period ending on 31st December 2025 which, under sub-paragraph (6), includes packaging waste referred to in sub-paragraph (5)(a) in the amount of relevant packaging waste reported; or (c) both, must pay a charge of £2,548 to the appropriate agency on or before 28th January 2026. (9) A producer who— (a) wishes to report an amount of closed loop packaging waste to the appropriate agency for one or both reporting periods in 2026, and (b) has applied for producer registration for 2026 before these Regulations come into force, must pay the additional registration charge referred to in regulation 29(3)(c) of the 2024 Regulations, as inserted by regulation 6(2)(b) of these Regulations, to the appropriate agency on or before 28th January 2026. Reports of information for a reporting period ending on 30th June 2025: other transitional provisions 3 (1) This paragraph applies where, before these Regulations come into force, a large producer has reported information to the appropriate agency under regulation 35 of the 2024 Regulations for the 6-month period ending on 30th June 2025 (in this paragraph, “the relevant reporting period”). (2) Sub-paragraph (3) applies to a large producer who has reported that in the relevant reporting period it supplied packaging in the fibre-based composite material packaging category, or in the paper or board packaging category, or in both those packaging categories. (3) The producer may— (a) submit an amended report to the appropriate agency for the relevant reporting period; (b) for the purposes of that amended report, determine in accordance with the definitions in regulation 7(5A) of the 2024 Regulations, as inserted by regulation 4(2) of these Regulations, the amounts of packaging which it supplied in the relevant reporting period in the fibre-based composite material packaging category and in the paper or board packaging category. (4) Sub-paragraph (5) applies to a large producer who— (a) has reported under paragraph 12 of Schedule 4 to the 2024 Regulations an amount of relevant packaging waste which the producer has collected from consumers and sent for recycling during the relevant reporting period; but (b) does not have evidence that all of that relevant packaging waste has been recycled. (5) The producer must— (a) submit an amended report to the appropriate agency for the relevant reporting period; and (b) for the purposes of the amended report, not include relevant packaging waste in the amounts that it reports under paragraph 12 of Schedule 4 unless it has evidence that the relevant packaging waste has been recycled. (6) The charge in paragraph 2(3) of Schedule 1 to the 2024 Regulations, or paragraph 3(3) of that Schedule if the report is resubmitted by a scheme operator, is payable for resubmitting a report which is amended in accordance with sub-paragraph (3). (7) No charge is payable for resubmitting a report, if the report is only amended in accordance with sub-paragraph (5). (8) An amended report under sub-paragraph (3) or (5) must be submitted to the appropriate agency by 1st April 2026. (9) Failure to submit an amended report under sub-paragraph (5) in accordance with sub-paragraph (8) is to be treated as a failure to comply with a reporting obligation under regulation 35 of the 2024 Regulations for the purposes of Part 9 and Part 10 of those Regulations. Reports of information for a reporting period ending on 31st December 2025: other transitional provisions 4 (1) This paragraph applies in relation to a report by a large producer under regulation 35 of the 2024 Regulations for a period of 6 months or 12 months ending on 31st December 2025 (in this paragraph, “the relevant reporting period”). (2) For the purpose of reporting the weights of packaging, or of a description of packaging, that a producer has supplied in the relevant reporting period in the fibre-based composite material and the paper or board packaging categories, the producer may at its election treat those packaging categories as having— (a) the meanings given in regulation 7(5A) as inserted by these Regulations; or (b) the meanings which they had under the 2024 Regulations before they were amended by these Regulations. (3) For the purpose of reporting weights of relevant packaging waste under paragraph 12 of Schedule 4 for the relevant reporting period, a producer must— (a) treat ‘relevant packaging waste’ as having the meaning given in regulation 34(4) as amended by these Regulations; and (b) subject to paragraph 2(6) of this Schedule, report that data in accordance with paragraph 12(1) of Schedule 4 as amended by these Regulations. Amended reports: general provisions 5 (1) This paragraph applies where an amended report is submitted to the appropriate agency by or in relation to a producer under paragraphs 2(3), 3(3) or 3(5) of this Schedule. (2) The amended report must be— (a) made in such form and manner as the appropriate agency specifies; (b) as accurate as reasonably possible; (c) verified by— (i) the signature of an approved person of the producer; or (ii) the signature of an approved person of the scheme operator or the holding company, if the amended report is submitted by a scheme operator or a holding company on behalf of the producer. (3) For the purposes of Parts 9 and 10 of the 2024 Regulations— (a) data contained in the amended report is to be treated as if it were data required to be collected under regulation 34 of those Regulations; and (b) the amended report is to be treated as if it were submitted under regulation 35 of those Regulations. Disposal fees for the 2025 assessment year 6 (1) Where, after these Regulations come into force, the scheme administrator calculates, or recalculates, a liable producer’s disposal fee for the 2025 assessment year under Part 5 of the 2024 Regulations, for the purpose of that calculation or recalculation regulation 62 has effect without the amendment made by regulation 7(2)(a)(i) of these Regulations. (2) Sub-paragraph (3) applies where— (a) under paragraph 2 of this Schedule, an amended report has been submitted to the appropriate agency by or on behalf of a liable producer for a reporting period ending on 30th June 2024 or 31st December 2024 or both; and (b) the charge payable under paragraph 2(8) of this Schedule has been paid. (3) Where this sub-paragraph applies, the scheme administrator must— (a) recalculate the disposal fee and administration fee payable by that liable producer for the 2025 assessment year; and (b) in making that recalculation, off-set in accordance with regulation 62(2) of the 2024 Regulations the weight of relevant packaging waste which the liable producer has reported in its reports for 2024 as so amended. (4) Where a recalculation of a liable producer’s disposal fee and administration fee under sub-paragraph (3) results in that liable producer’s fees being reduced, the scheme administrator is not to recalculate and increase the disposal fees and administration fees of other liable producers in consequence of that reduction. Disposal fees for the 2026 assessment year 7 In relation to the calculation of disposal fees for the 2026 assessment year, regulation 62(2A) of the 2024 Regulations has effect as if the reference in that paragraph to the additional registration charge payable under regulation 29(3)(c) were a reference to the charge payable under paragraph 2(8) of this Schedule. Reprocessors and exporters: charities 8 (1) Regulation 85 of the 2024 Regulations (registration: reprocessors) applies to a reprocessor which is a charity, and regulation 86 (registration: exporters) applies to an exporter which is a charity, as if— (a) the date specified in paragraph (1) of each of those regulations was 1st January 2027; and (b) the date specified in paragraph (3)(a) of each of those regulations was 1st October 2026. (2) The offences in regulation 117(1)(a) and (b) of the 2024 Regulations (operating a reprocessing site or exporting packaging waste without being registered) do not apply to a charity before 1st January 2027. (3) The powers of an enforcement agency under regulation 121 of the 2024 Regulations (civil sanctions) to impose a civil sanction for contravention of regulation 85 or 86 of those Regulations do not apply to a charity before 1st January 2027.