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

SCHEDULE 15 Transitional, transitory and saving provisions

Regulation 137 Record-keeping obligations 1 (1) This paragraph applies where— (a) under a provision of the 2007 Regulations, the 2007 (NI) Regulations or the 2023 Data Regulations which has been revoked by these Regulations— (i) a person (“A”) was under a duty to keep records or evidence of a specified matter; and (ii) if the provision in question specified a period for which the records or evidence were to be kept, that period has not expired on or before the revocation date; and (b) there is a corresponding duty under these Regulations for persons of A’s description to keep records or evidence of the specified matter, or of a matter of a similar description to the specified matter. (2) Where this paragraph applies— (a) the duty referred to in sub-paragraph (1)(b) is to be treated as applying to A in relation to the records or evidence referred to in sub-paragraph (1)(a), subject to paragraph (b) below; (b) if the revoked provision specified a period for which the records or evidence were to be kept, the date until which A is required to keep the records or evidence is the date until which A would have been required to keep them under the revoked provision if it remained in force. (3) In sub-paragraph (1)— (a) “specified” means specified in the Regulations in question; (b) “the revocation date” means the date of revocation of the provision of the 2007 Regulations, 2007 (NI) Regulations or 2023 Data Regulations in question. Producers: transitional reporting obligations for 2024 data 2 (1) In a report under regulation 35 for a period of 6 or 12 months ending on 31st December 2024, a large producer (“LP”) must, instead of reporting the information specified in Table 2 in regulation 35(1), report to the appropriate agency, subject to sub-paragraph (2), the information which LP would have been required to report under the 2023 Data Regulations for that period if those Regulations had not been revoked. (2) But— (a) LP must not include any information in the report under regulation 35 which it has reported to the appropriate agency in a report under the 2023 Data Regulations for that period or for a part of that period; (b) LP may treat any non-consumer shipment packaging which it supplied during the relevant period as if it were secondary packaging or tertiary packaging, for the purposes of reporting how much primary, secondary, tertiary and shipment packaging in each packaging category, and how much household packaging in each packaging category, LP supplied in the relevant period; (c) LP must report to the appropriate agency as soon as practicable any of the information referred to in sub-paragraph (1) if LP had an obligation under the 2023 Data Regulations to report that information to the appropriate agency by a date before the coming into force of this paragraph but has not done so. (3) In paragraph (2)(b), “non-consumer shipment packaging” means shipment packaging, as defined in the 2023 Data Regulations, which LP supplied to a person other than a consumer. (4) In a report under regulation 36 for the calendar year 2024, a small producer (“SP”) must, instead of reporting the information specified in Table 3 in regulation 36(1), report to the appropriate agency the information of which SP was required to keep records for that year under— (a) regulation 16 of the Packaging Waste (Data Reporting) (England) Regulation 2023, the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023; or (b) regulation 17 of the Packaging Waste (Data Reporting) No. 2) Regulations (Northern Ireland) 2023, except for the information referred to in sub-paragraph (5) below, and subject to sub-paragraphs (6) and (7). (5) A producer who under the 2023 Data Regulations was required for the calendar year 2024 to maintain records of the information in— (a) paragraph 22(1) of Schedule 1 to the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 or the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; or (b) paragraph 21(1) of Schedule 1 to the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023, must report that information to the appropriate agency on or before 1st December 2025, subject to sub-paragraphs (6) and (7). (6) This sub-paragraph applies where— (a) the 2024 Data Amendment Regulations amended the record-keeping obligations of a producer referred to in sub-paragraph (4) or (5), or conferred record-keeping obligations on such a producer where the producer did not previously have such obligations; and (b) the producer does not have sufficient data to report the information referred to in sub-paragraph (4) or (5), as applicable, for the period before the amendment date. (7) Where sub-paragraph (6) applies, the producer— (a) is not required to submit a report which includes information for the period beginning with 1st January 2024 and ending immediately before the amendment date; but (b) must submit a report for the period from the amendment date to 31st December 2024. (8) In sub-paragraphs (6) and (7)— “the 2024 Data Amendment Regulations” means— the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024; the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024; the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024; or the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024; “the amendment date” means— 1st April 2024, in relation to a producer who was established in England, Wales or Scotland for the purposes of the 2023 Data Regulations; 1st May 2024, in relation to a producer who was established in Northern Ireland for the purposes of the 2023 Data Regulations. Producers: amendment of reports submitted under the 2023 Data Regulations 3 (1) This sub-paragraph applies where— (a) a producer has submitted a report to the appropriate agency under the 2023 Data Regulations; and (b) the producer becomes aware that the report was wrong or inaccurate. (2) Where sub-paragraph (1) applies, the producer must— (a) submit an amended report to the appropriate agency containing the correct information; and (b) pay the appropriate agency the charge in paragraph 2(3) of Schedule 1. (3) This sub-paragraph applies where, before this paragraph came into force, a large producer (“LP”)— (a) reported information to the appropriate agency for the 6-month period ending on 30th June 2024 or 31st December 2024 (“the relevant period”) under— (i) regulation 17 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 18 of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; and (b) in that report, included non-consumer shipment packaging in the amount of household packaging in a packaging category, or in the amount of shipment packaging in a packaging category, which LP reported that it supplied in the relevant period. (4) Where sub-paragraph (3) applies, LP may— (a) submit an amended report to the appropriate agency for the relevant period; and (b) in that amended report, treat any non-consumer shipment packaging which LP supplied during the relevant period as if it were secondary packaging or tertiary packaging, for the purposes of reporting how much primary, secondary, tertiary and shipment packaging in each packaging category, and how much household packaging in each packaging category, LP supplied in the relevant period. (5) If LP elects to submit an amended report under sub-paragraph (4), the report must be— (a) made in such form and manner as the appropriate agency specifies; (b) submitted to the appropriate agency on or before 31st December 2025; and (c) verified by the signature of an approved person of LP. (6) No charge is payable for resubmitting a report, if the report is only amended in accordance with sub-paragraph (4). (7) Where, under the 2023 Data Regulations, a scheme operator has reported information to the appropriate agency in relation to a producer, this paragraph applies to the scheme operator as it does to a producer with the modifications that— (a) the charge payable by the scheme operator for submitting an amended report under sub-paragraph (2) is the charge in paragraph 3(3) of Schedule 1; and (b) an amended report under paragraph (4) must be verified by the signature of an approved person of the scheme operator. (8) In this paragraph, “non-consumer shipment packaging” has the same meaning as in paragraph 2(3). Producers: transitional reporting obligations for 2025 data 4 (1) Sub-paragraph (2) applies if the date on which regulations 34 to 36 come into force (“the commencement date”) is after 1st January 2025. (2) Where a producer does not have sufficient data to report in accordance with regulation 35 or 36, as applicable to that producer, for the period beginning with 1st January 2025 and ending immediately before the commencement date (“the pre-commencement period”), the producer— (a) is not required to submit a report which includes information for the pre-commencement period; but (b) must submit a report in accordance with regulation 35 or 36, as applicable— (i) for the period from the commencement date to 30th June 2025, in the case of information which, but for this paragraph, the producer would be required to report for a period of 6 months beginning on 1st January 2025; (ii) for the period from the commencement date to 31st December 2025, in the case of information which, but for this paragraph, the producer would be required to report for a period of 12 months beginning on 1st January 2025. Producers: scaling up of data reported for part of a reporting period 5 (1) This paragraph applies— (a) in relation to a reporting period commencing on 1st January 2024, where a producer has reported relevant data to the appropriate agency for only part of that reporting period— (i) under the 2023 Data Regulations or under paragraph 2(1) of this Schedule, by virtue of— (aa) regulation 2(2) of the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 or the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024; (bb) regulation 3(2) of the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024; or (cc) regulation 18(2) of the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024; or (ii) under paragraph 2(4) or (5) of this Schedule, by virtue of paragraph 2(6) and (7); and (b) in relation to a reporting period commencing on 1st January 2025, where a producer has reported relevant data to the appropriate agency for only part of that reporting period, by virtue of paragraph 3 of this Schedule. (2) Where this paragraph applies, the appropriate agency must, in relation to each description of relevant data reported by the producer, calculate an adjusted amount (“the scaled-up amount”) in accordance with the formula— A × C B where— “A” means the amount in tonnes or kilograms, as applicable, reported by the producer; “B” means the number of days in the reporting period for which the producer has reported that amount; “C” means the number of days in the whole reporting period. (3) The scaled-up amounts calculated under sub-paragraph (2) are to be used— (a) if the producer has recycling obligations, for the purpose of calculating those obligations under Schedule 5; (b) if the producer is a liable producer under Part 5, for the purpose of calculating the disposal fee and administration fee payable by the producer under that Part. (4) In this paragraph, “relevant data” means an amount of packaging, household packaging or packaging waste, or of a description of packaging, household packaging or packaging waste, which a producer was or is required to report to the appropriate agency— (a) in relation to a reporting period in 2024, under— (i) regulation 17 of, and Schedule 1 to, 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; (ii) regulation 18 of, and Schedule 1 to, the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; or (iii) paragraph 2 of this Schedule; (b) in relation to a reporting period in 2025, under regulation 35 or 36 of, and Schedule 4 to, these Regulations. Producers: transitional packaging 6 (1) Where a report submitted by a large producer (“PR”) under regulation 35 in relation to a period ending on 31st December 2024 (a “regulation 35 report”) includes information about transitional packaging, PR may choose to submit a report to the appropriate agency containing the information in sub-paragraph (2). (2) The information in this sub-paragraph is the proportion of transitional packaging in each packaging category which a producer has been required to recycle under the 2007 Regulations or the 2007 (NI) Regulations (“P”), calculated as follows— P = A P × S P where— “AP” is the amount in kilograms of transitional packaging which has previously been taken into account to calculate the recycling obligations of a producer under the 2007 Regulations or the 2007 (NI) Regulations; “SP” is the sum of the percentages of that packaging which any class of producer has been required to recycle under the 2007 Regulations or the 2007 (NI) Regulations, as set out in paragraph 4 of Schedule 2 to those Regulations. (3) In sub-paragraphs (1) and (2), “transitional packaging” means packaging about which PR has reported information in a regulation 35 report, which has already been the subject of recycling obligations under regulation 4(4)(b) of, and Schedule 2 to, the 2007 Regulations or the 2007 (NI) Regulations. (4) If PR submits a report under sub-paragraph (1), it must be submitted— (a) in accordance with regulation 39(2); and (b) on the date on which PR submits a regulation 35 report for the period referred to in sub-paragraph (1). (5) Where PR has submitted a report under sub-paragraph (1) in relation to transitional packaging in a packaging category, paragraph 2(1) of Schedule 5 applies with the modification in sub-paragraph (6) for the purposes of calculating PR’s recycling obligation in relation to that packaging category. (6) The modification is that, in calculating the value of X for the packaging category for the purposes of the formula in paragraph 2(1) of Schedule 5, there shall be excluded from the amount of the transitional packaging in that packaging category which PR supplied in the reporting period a proportion of that amount equal to the value of P for that packaging category as calculated in accordance with sub-paragraph (2). Producers: calculation of disposal fees 7 (1) The scheme administrator may, for the purpose of calculating disposal fees and administration fees payable by producers for the 2025 assessment year, use data reported to the appropriate agency by or in relation to producers under the 2023 Data Regulations, and the appropriate agency may share such data with the scheme administrator for that purpose. (2) Where, under paragraph 5(3) of this Schedule, scaled-up amounts are used for the purpose of calculating the disposal fee payable by a producer— (a) in calculating CW for the purposes of regulations 62(1) and 63(2), (4) and (6), the definitions of CW in those paragraphs have effect with the modification that any reference to a weight reported by or in relation to the producer as having been supplied in a calendar year is to be treated as a reference to the scaled-up amount of that weight; (b) in calculating E for the purposes of regulation 62(1), regulation 62(3)(a) has effect with the modification that the scheme administrator must take into account, where applicable, the scaled-up amounts of the household packaging reported by or in relation to producers as referred to in that paragraph; (c) in calculating TW for the purposes of regulation 63(2), (4) or (6), regulation 63(7)(a) has effect with the modification that the scheme administrator must take into account, where applicable, the scaled-up amounts of the packaging reported by or in relation to producers as referred to in that paragraph. (3) In relation to the calculation of disposal fees for the 2025 assessment year, regulation 63(5) to (7) have effect as if references to commonly binned or littered items of household packaging were references to items of household packaging listed in— (a) paragraph 17(2) of Schedule 1 to the Packaging Waste (Data Reporting) (England) Regulations 2023, the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 or the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; and (b) paragraph 16(2) of Schedule 1 to the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023. (4) In sub-paragraph (2), references to “scaled-up amounts” have the meaning given in paragraph 5(2). Producers: approved persons 8 (1) This sub-paragraph applies where, in relation to a producer, a person has been approved by the appropriate agency under— (a) regulation 24(1) 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 (b) regulation 25(1) of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023, for the purposes specified in that regulation, and that approval remained in effect immediately before this paragraph came into force. (2) Where sub-paragraph (1) applies, that person is to be treated as an approved person of the producer for the purposes of these Regulations, unless the producer informs the appropriate agency otherwise by a notice under regulation 132(2)(b). Compliance schemes 9 (1) Where a compliance scheme has been approved under the 2007 Regulations or the 2007 (NI) Regulations and that approval remains in effect immediately before Part 4 of these Regulations comes into force, the compliance scheme is to be treated as having been approved for the purposes of these Regulations until 1st February 2026 unless— (a) the scheme operator gives the appropriate agency notice in writing that it wishes the approval of the scheme to be withdrawn before that date; or (b) the appropriate agency withdraws approval of the scheme under regulation 49 of these Regulations. (2) The scheme operator of a compliance scheme referred to in sub-paragraph (1) is subject to the obligations imposed on scheme operators under these Regulations. Reprocessors, exporters, PRNs and PERNs 10 (1) Notwithstanding the revocation of Part 5 of the 2007 Regulations and Part 5 of the 2007 (NI) Regulations on 1st January 2026— (a) a reprocessor or exporter who, in relation to 2025, is accredited under Part 5 of either of those Regulations (“RE”) is to be treated as being accredited under that Part until 31st January 2026 for the purposes of issuing PRNs or PERNs in relation to packaging waste received or exported before 31st December 2025, unless— (i) RE informs the appropriate agency that it wishes its accreditation to be cancelled; or (ii) the appropriate agency cancels or suspends RE’s accreditation; (b) RE must continue to comply until 28th February 2026 with the obligations imposed on reprocessors and exporters under the 2007 Regulations or the 2007 (NI) Regulations in relation to RE’s accreditation for 2025. (2) For the purposes of sub-paragraph (1)(a), regulation 26 (suspension and cancellation of accreditation) of the 2007 Regulations and of the 2007 (NI) Regulations continue to have effect until 31st January 2026 as if they had not been revoked. (3) For the purposes of sub-paragraph (1)(b), regulation 25 and Schedule 5 (conditions of accreditation) of the 2007 Regulations and of the 2007 (NI) Regulations continue to have effect until 28th February 2026 as if they had not been revoked. (4) A producer or compliance scheme may rely on PRNs and PERNs acquired from a reprocessor or exporter accredited under Part 5 of the 2007 Regulations or Part 5 of the 2007 (NI) Regulations in the year to 31st December 2024, which have not been used to demonstrate compliance with their recycling obligations under those Regulations in that year, to demonstrate compliance with their recycling obligations under these Regulations in 2025. (5) A producer or compliance scheme may rely on PRNs and PERNs acquired from a reprocessor or exporter accredited under Part 5 of the 2007 Regulations or Part 5 of the 2007 (NI) Regulations in the year to 31st December 2025, to demonstrate compliance with their recycling obligations under these Regulations in 2025 or 2026. Information notices 11 (1) Any information notice served by the appropriate agency on a person continues to have effect on and after the relevant date notwithstanding the revocation of the provision under which it was served, and is to be treated on and after the relevant date as if it were a notice under regulation 110 of these Regulations. (2) But sub-paragraph (1) does not apply if the information notice— (a) was complied with before the relevant date; or (b) specified a period for compliance which ended before, or a date for compliance which was before, the relevant date. (3) In this paragraph— (a) “information notice” means a notice under— (i) regulation 31(3) of the 2007 Regulations or the 2007 (NI) Regulations; (ii) regulation 23(3) 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 (iii) regulation 24(3) of the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023; (b) “the relevant date” means— (i) the date on which this paragraph comes into force, except in relation to an information notice referred to in sub-paragraph (ii); (ii) 1st January 2026, in relation to an information notice under regulation 31(3)(c), (d) or (e) of the 2007 Regulations or the 2007 (NI) Regulations. Appropriate agencies: reports 12 (1) Each appropriate agency must publish by 31st May 2025 a report setting out the monitoring and enforcement activities it has carried out in 2024 under— (a) the 2007 Regulations or the 2007 (NI) Regulations, as applicable; and (b) the 2023 Data Regulations. (2) Each appropriate agency must, in the first report that it publishes under regulation 111(2), set out (in addition to the matters specified there) the monitoring and enforcement activities it has carried out in 2025 under the 2007 Regulations or the 2007 (NI) Regulations.