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

84 Interpretation

(1) In this Part and in Schedule 8— “accredited” means accredited under Chapter 3 of this Part to issue PRNs or PERNs; “exporter” means a person who, in the ordinary course of business, exports for recycling outside the United Kingdom packaging waste which— is owned by that person; or that person has owned, prior to transferring ownership of it to an operator of an overseas reprocessing site; “issue”, in relation to a PRN or PERN, means to supply to a producer or scheme operator, or to the representative of a producer or scheme operator, and an accredited reprocessor or exporter who is also a producer or scheme operator may issue a PRN or PERN to itself; “overseas reprocessing site” means a site outside the United Kingdom at which recycling of packaging waste takes place; “PERN” means a packaging waste export recycling note issued by an accredited exporter in a format specified by the appropriate agency, as evidence that the tonnage of packaging waste specified in the note has been exported and received for recycling at an overseas reprocessing site; “PRN” means a packaging waste recycling note issued by an accredited reprocessor in a format specified by the appropriate agency, as evidence that the tonnage of packaging waste specified in the note has been received for recycling at a reprocessing site; “relevant authorisation” has the meaning given in paragraph (3), read together with paragraphs (4) and (5); “reprocessing site”, except in the expression “overseas reprocessing site”, means a site in the United Kingdom at which recycling of packaging waste takes place; “reprocessor” means a person who, in the ordinary course of business, carries out one or more recycling activities in relation to packaging waste; “sampling and inspection plan”— in relation to a reprocessor (“R”), means a plan setting out R’s arrangements for undertaking sampling and inspection of the packaging waste received for recycling at a reprocessing site operated by R; in relation to an exporter (“E”), means a plan setting out E’s arrangements for undertaking sampling and inspection of the packaging waste E exports; “tonnage band” means one of the following ranges of amounts of packaging waste— up to 500 tonnes; up to 5,000 tonnes; up to 10,000 tonnes; or over 10,000 tonnes. (2) In this Part and Schedule 8— (a) a reference to a “category” of packaging waste is a reference to packaging waste composed of one of the materials listed in regulation 7(5)(a) to (g); (b) a reference to an accreditation “corresponding” to a registration, or vice versa, is a reference to— (i) a registration and an accreditation held by, or applied for by, the same reprocessor which relate to the same category of packaging waste recycled at the same reprocessing site; or (ii) a registration and an accreditation held by, or applied for by, the same exporter which relate to the same category of packaging waste. (3) In this Part and Schedule 8, “relevant authorisation”, in relation to a reprocessor or exporter, means any authorisation, licence, permit or registration listed in paragraph (4) which that person is required by any legislation to have, in order to— (a) carry out any of the activities which that person carries out in relation to packaging waste; or (b) operate any site at which that person carries out those activities. (4) The authorisations, licences, permits and registrations referred to in paragraph (3) are— (a) a waste management licence granted under section 36 of the 1990 Act; (b) a permit granted under— (i) regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 2016; (ii) the Pollution Prevention and Control (Scotland) Regulations 2012; or (iii) regulation 10 of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013; (c) an authorisation granted under the Environmental Authorisations (Scotland) Regulations 2018; (d) an authorisation granted under article 6 of the Industrial Pollution Control (Northern Ireland) Order 1997; (e) a licence granted under article 8 of the Waste and Contaminated Land (Northern Ireland) Order 1997; (f) registration as a carrier of waste, under— (i) the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991; (ii) the Control of Pollution (Amendment) Act 1989 and the Waste (England and Wales) Regulations 2011; or (iii) the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations (Northern Ireland) 1999; (g) registration as a broker or dealer of waste, under— (i) the Control of Pollution (Amendment) Act 1989 and the Waste (England and Wales) Regulations 2011; (ii) the Waste Management Licensing (Scotland) Regulations 2011; or (iii) the Waste Management Licensing Regulations (Northern Ireland) 2003. (5) A requirement for a person to have a relevant authorisation for an activity is to be treated as met if the activity does not require an authorisation listed in paragraph (4) by virtue of— (a) an exemption registered under regulation 19 of the Waste Management Licensing (Scotland) Regulations 2011; (b) an exempt waste operation under the Environmental Permitting (England and Wales) Regulations 2016; (c) registration in connection with exempt activities under regulation 18 of the Waste Management Licensing Regulations (Northern Ireland) 2003.