The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
15 Producers
(1) A person is a producer for the purposes of these Regulations if the person— (a) is established in the United Kingdom; (b) is one or more of the following (referred to in these Regulations as classes of producer)— (i) a brand owner; (ii) a packer/filler; (iii) an importer or first UK owner; (iv) a distributor; (v) an online marketplace operator; (vi) a service provider; or (vii) a seller; and (c) performs the functions in relation to packaging specified in such of regulations 16 to 22 as apply to that class or those classes of producer— (i) in the United Kingdom; (ii) in the course of business; and (iii) either themselves or through an agent acting on their behalf. (2) Regulations 16 to 22— (a) give the meanings of the expressions in paragraph (1)(b)(i) to (vii); and (b) specify the packaging in relation to which each class of producer is a producer under these Regulations. (3) Where two or more products are grouped together to be sold as a single sales unit, it is to be determined separately in accordance with regulations 16 to 22 who is a producer in relation to— (a) the packaging for each individual product within the sales unit; and (b) the packaging for the sales unit as a whole, including any packaging within the sales unit which is not part of the packaging of any individual product within that sales unit. (4) Paragraphs (5) and (6) apply in any case where, under any of regulations 16 to 22, whether a person (“P”) is a producer in relation to an item of packaging is dependent on whether another producer with a function in relation to that packaging, or to whom P supplies that packaging (“the other producer”), is a large producer. (5) If P has evidence of whether the other producer is a large producer in the year in which P supplies the packaging, the other producer is to be treated as being a large producer, or not a large producer (as the case may be) in accordance with that evidence. (6) If P does not have evidence as referred to in paragraph (5), the other producer is to be treated as a large producer if, in the preceding year, the other producer was— (a) registered as a large producer under these Regulations; or (b) listed on a list of large producers published by the appropriate agency under— (i) regulation 22A 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 23A of the Packaging Waste (Data Reporting) (No. 2) (Northern Ireland) Regulations 2023. (7) Paragraphs (8) and (9) apply where a supply of packaging has been made by a person who, under regulations 16 to 21, is a producer in relation to that packaging (“the first producer”). (8) Subject to paragraph (9), after the supply of packaging by the first producer, no other person except a seller becomes a producer in relation to that packaging as a result of that other person making a further supply of the packaging. (9) But if another component, for example a new label, is added to packaging after its supply by the first producer (“the new packaging component”), it is to be determined in accordance with regulations 16 to 22 who is a producer in relation to the new packaging component.
15 Producers
(1) A person is a producer for the purposes of these Regulations if the person— (a) is established in the United Kingdom; (b) is one or more of the following (referred to in these Regulations as classes of producer)— (i) a brand owner; (ii) a packer/filler; (iii) an importer or first UK owner; (iv) a distributor; (v) an online marketplace operator; (vi) a service provider; or (vii) a seller; and (c) performs the functions in relation to packaging specified in such of regulations 16 to 22 as apply to that class or those classes of producer— (i) in the United Kingdom; (ii) in the course of business; and (iii) either themselves or through an agent acting on their behalf. (2) Regulations 16 to 22— (a) give the meanings of the expressions in paragraph (1)(b)(i) to (vii); and (b) specify the packaging in relation to which each class of producer is a producer under these Regulations. (3) Where two or more products are grouped together to be sold as a single sales unit, it is to be determined separately in accordance with regulations 16 to 22 who is a producer in relation to— (a) the packaging for each individual product within the sales unit; and (b) the packaging for the sales unit as a whole, including any packaging within the sales unit which is not part of the packaging of any individual product within that sales unit. (4) Paragraphs (5) and (6) apply in any case where, under any of regulations 16 to 22, whether a person (“P”) is a producer in relation to an item of packaging is dependent on whether another producer with a function in relation to that packaging, or to whom P supplies that packaging (“the other producer”), is a large producer. (5) If P has evidence of whether the other producer is a large producer in the year in which P supplies the packaging, the other producer is to be treated as being a large producer, or not a large producer (as the case may be) in accordance with that evidence. (6) If P does not have evidence as referred to in paragraph (5), the other producer is to be treated as a large producer if, in the preceding year, the other producer was— (a) registered as a large producer under these Regulations; or (b) listed on a list of large producers published by the appropriate agency under— (i) regulation 22A 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 23A of the Packaging Waste (Data Reporting) (No. 2) (Northern Ireland) Regulations 2023. (7) Paragraphs (8) and (9) apply where a supply of packaging has been made by a person who, under regulations 16 to 21, is a producer in relation to that packaging (“the first producer”). (8) Subject to paragraph (9), after the supply of packaging by the first producer, no other person except a seller becomes a producer in relation to that packaging as a result of that other person making a further supply of the packaging. (9) But if another component, for example a new label, is added to packaging after its supply by the first producer (“the new packaging component”), it is to be determined in accordance with regulations 16 to 22 who is a producer in relation to the new packaging component.
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