The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024
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Change 1
24 Threshold criteria: large and small producers
(1) A person satisfies the criteria in this paragraph in relation to a relevant year (“year Y”) if— (a) that person’s turnover was more than £2,000,000 in the last financial year that ended before 7th April in year Y-1 in respect of which audited accounts are available; and (b) in year Y-2 the person supplied in aggregate more than 50 tonnes of packaging. (2) A person satisfies the criteria in this paragraph in relation to year Y if— (a) that person’s turnover was more than £1,000,000 in the last financial year that ended before 7th April in year Y-1 in respect of which audited accounts are available; and (b) in year Y-2 the person supplied in aggregate more than 25 tonnes of packaging. (3) Where the person (“CB”) is a body corporate resulting from the merger of two or more bodies corporate— (a) CB’s turnover in the financial year in which the merger took place, and in any subsequent financial year if no audited accounts are yet available for CB, is to be calculated for the purposes of this regulation as the sum of the turnovers of each merged body corporate in the last financial year ending before the merger for which audited accounts are available; (b) the amount of packaging which CB is to be treated as supplying in the calendar year in which the merger took place is to be calculated in accordance with regulation 27A(4); (4) Where the assets and liabilities of a body corporate (“CB”) have been divided between two or more bodies corporate (“new bodies”)— (a) each new body is to be treated as having a turnover, in the financial year in which the division took place and in any subsequent financial year if no audited accounts are yet available for the new body, equal to— A X A × X T where— “A” is the value of the assets of the new body immediately after the division; “XA” is the value of the assets of CB immediately before the division; and “XT” is the turnover of CB in the last financial year ending before the division for which audited accounts are available; (b) each new body is to be treated as having supplied an amount of packaging in the calendar year in which the division took place equal to— A X A × X P where “A” and “XA” have the meanings given in sub-paragraph (a), and “XP” means the amount of packaging supplied by CB in the calendar year preceding that year. (5) In this regulation— (a) “year Y-1” means the calendar year preceding year Y, and “year Y-2” means the calendar year preceding year Y-1; (b) audited accounts are to be treated as being available, in relation to a body corporate which is under a duty to deliver annual accounts to the registrar of companies, where annual accounts have been so delivered; (c) any reference to audited accounts being available is to be treated, in relation to a person who is not required to produce audited accounts, as a reference to accounts being available. (6) For the purposes of this regulation, the amount of packaging supplied by a person (“P”) in a year is the amount supplied in the United Kingdom in respect of which P was a producer under Chapter 1 of this Part in that year, calculated in tonnes to the nearest tonne, excluding packaging which at the time of its supply was exempt packaging. (7) If, in a year, P performed the functions of two or more classes of producer in relation to packaging— (a) all packaging in relation to which P performed any such function is to be taken into account for the purposes of paragraph (1)(b), (2)(b), (3)(b) and (4)(b); but (b) the same item of packaging is not to be taken into account more than once for those purposes.
24 Threshold criteria: large and small producers
(1) A person satisfies the criteria in this paragraph in relation to a relevant year (“year Y”) if— (a) that person’s turnover was more than £2,000,000 in the last financial year that ended before 7th April in year Y-1 in respect of which audited accounts are available; and (b) in year Y-2 the person supplied in aggregate more than 50 tonnes of packaging. (2) A person satisfies the criteria in this paragraph in relation to year Y if— (a) that person’s turnover was more than £1,000,000 in the last financial year that ended before 7th April in year Y-1 in respect of which audited accounts are available; and (b) in year Y-2 the person supplied in aggregate more than 25 tonnes of packaging. (3) Where the person (“CB”) is a body corporate resulting from the merger of two or more bodies corporate— (a) CB’s turnover in the financial year in which the merger took place, and in any subsequent financial year if no audited accounts are yet available for CB, is to be calculated for the purposes of this regulation as the sum of the turnovers of each merged body corporate in the last financial year ending before the merger for which audited accounts are available; (b) the amount of packaging which CB is to be treated as supplying in the calendar year in which the merger took place is to be calculated in accordance with regulation 27A(4); (4) Where the assets and liabilities of a body corporate (“CB”) have been divided between two or more bodies corporate (“new bodies”)— (a) each new body is to be treated as having a turnover, in the financial year in which the division took place and in any subsequent financial year if no audited accounts are yet available for the new body, equal to— A X A × X T where— “A” is the value of the assets of the new body immediately after the division; “XA” is the value of the assets of CB immediately before the division; and “XT” is the turnover of CB in the last financial year ending before the division for which audited accounts are available; (b) each new body is to be treated as having supplied an amount of packaging in the calendar year in which the division took place equal to— A X A × X P where “A” and “XA” have the meanings given in sub-paragraph (a), and “XP” means the amount of packaging supplied by CB in the calendar year preceding that year. (5) In this regulation— (a) “year Y-1” means the calendar year preceding year Y, and “year Y-2” means the calendar year preceding year Y-1; (b) audited accounts are to be treated as being available, in relation to a body corporate which is under a duty to deliver annual accounts to the registrar of companies, where annual accounts have been so delivered; (c) any reference to audited accounts being available is to be treated, in relation to a person who is not required to produce audited accounts, as a reference to accounts being available. (6) For the purposes of this regulation, the amount of packaging supplied by a person (“P”) in a year is the amount supplied in the United Kingdom in respect of which P was a producer under Chapter 1 of this Part in that year, calculated in tonnes to the nearest tonne, excluding packaging which at the time of its supply was exempt packaging. (7) If, in a year, P performed the functions of two or more classes of producer in relation to packaging— (a) all packaging in relation to which P performed any such function is to be taken into account for the purposes of paragraph (1)(b), (2)(b), (3)(b) and (4)(b); but (b) the same item of packaging is not to be taken into account more than once for those purposes.
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