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

SCHEDULE 8 Reprocessors and exporters

Regulations 85, 86, 91 and 98 PART 1 Information for registration Reprocessors 1 The name of the reprocessor, and the address and telephone number of the registered office of the reprocessor or, if not a company, the head office or the principal place of business of the reprocessor. 2 The name and contact details, including an email address, of an individual at the reprocessor who is responsible for dealing with enquiries from the appropriate agency. 3 The trading name of the reprocessor if different from that the name referred to in paragraph 1. 4 The address for service of notices on the reprocessor if different from that referred to in paragraph 1. 5 Where the reprocessor is a partnership, the names of all the partners. 6 The name and address of the reprocessing site for which the application is being made. 7 A list of all the categories of packaging waste the site is authorised by a relevant authorisation to accept and recycle, with details of the weight of packaging waste in each category which the site is authorised to accept and recycle. 8 The category of packaging waste for which the application is being made. 9 Information on the recycling operations the reprocessor wishes the registration to cover, including the classification of each operation provided for in Annex 2 to the Waste Directive. Exporters 10 The name of the exporter, and the address and telephone number of the registered office of the exporter or, if not a company, the head office or the principal place of business of the exporter in the United Kingdom. 11 The name and contact details, including an email address, of an individual at the exporter who is responsible for dealing with enquiries from the appropriate agency. 12 The trading name of the exporter if different from the name referred to in paragraph 10. 13 The address for service of notices on the exporter if different from that referred to in paragraph 10. 14 Where the exporter is a partnership, the names of all the partners. 15 The category of packaging waste for which the application is being made. 16 The locations in the United Kingdom from which the packaging waste is to be exported by the exporter. 17 In relation to each overseas reprocessing site to which the exporter will export the packaging waste, where known at the date of the application— (a) the name and address of the overseas reprocessing site; and (b) a telephone number and email address of the operator of the site. 18 Information on the recycling operations carried out at the overseas reprocessing sites specified under paragraph 17, including the classification of each operation provided for in Annex 2 to the Waste Directive. PART 2 Reporting requirements 19 (1) In this Part, “reporting period” means— (a) a quarter, in the case of a registered reprocessor or exporter; or (b) a month, in the case of an accredited reprocessor or exporter. (2) A report under paragraph 20 or 21 must be— (a) made in the form specified by the appropriate agency; and (b) verified by an approved person of the reprocessor or exporter. 20 A reprocessor must report the following information to the appropriate agency for each category of packaging waste handled at each reprocessing site for which they are registered— (a) the weight of packaging waste in that category received at the reprocessing site for recycling in the reporting period; (b) details of each person from whom packaging waste was received at the reprocessing site for recycling, including— (i) the name, address, telephone number and email address of that person; (ii) a description of the role that person has in relation to the packaging waste, with details of what they do to the waste (for example, details of any sorting, cleaning or processing activities, or transportation of the waste, carried out by that person); (c) the weight of packaging waste in that category recycled in the reporting period by the reprocessor at the reprocessing site; (d) the weight of packaging waste in that category received at the reprocessing site in the reporting period which was not recycled by the reprocessor at the site (“unrecycled packaging waste”); (e) the weight of unrecycled packaging waste in that category which, in the reporting period, was— (i) sent to another reprocessor; (ii) exported; or (iii) sent to any other facility or site; (f) the final destination in the United Kingdom of all unrecycled packaging waste in that category, identifying each facility or site to which that unrecycled packaging waste was sent in the reporting period. 21 An exporter must report the following information to the appropriate agency for each category of packaging waste for which they are registered— (a) the weight of packaging waste in that category received by the exporter for exporting in each reporting period; (b) details of the persons in the United Kingdom from whom the packaging waste was received by the exporter, including— (i) the name, address, telephone number and email address of that person; (ii) a description of the role that person has in relation to the packaging waste; (c) the weight of packaging waste in that category exported for recycling in the reporting period, and details of each overseas reprocessing site to which any of that waste was exported; (d) the weight of packaging waste in that category exported for recycling in the reporting period which was— (i) refused by the recipient destination; or (ii) stopped during the course of export; (e) the weight of packaging waste referred to in sub-paragraph (d)(i) and (ii) which has been repatriated in the reporting period; (f) details of the weight of packaging waste in that category received by the exporter in the reporting period which has not been exported by the exporter (“unexported packaging waste”); (g) the weight of unexported packaging waste in that category which, in the reporting period, was— (i) sent to a reprocessor in the United Kingdom; (ii) sent to another exporter in the United Kingdom; or (iii) sent to any other facility or site in the United Kingdom; (h) the final destination in the United Kingdom of all unexported packaging waste in that category, identifying each facility or site to which that unexported packaging waste was sent in the reporting period. 22 (1) In this Part, a reference to the weight of packaging waste received for recycling is to the weight in tonnes of the recyclable proportion of that packaging waste, calculated in accordance with sub-paragraphs (2) and (3). (2) The recyclable proportion may be calculated as one of the following amounts— (a) the actual weight of packaging waste in a category received by the reprocessor for recycling, or by the exporter for exporting to an overseas reprocessing site for recycling, after deduction of everything which is not packaging waste in that category; (b) the percentage of packaging waste specified in any protocol for packaging waste recycling which is approved by the appropriate agencies as applying to recycling of that category of packaging waste; or (c) the amount identified by applying the sampling and inspection plan approved by the appropriate agency under regulation 97(1)(a) in relation to the category of packaging waste in question. (3) The “recyclable proportion” is not to include any packaging waste which— (a) is not in the same category of packaging waste as the waste being recycled; or (b) does not originate in the United Kingdom. PART 3 Conditions of Accreditation Application of conditions 23 (1) A reprocessor who has an accreditation for a year (an “accreditation year”) must comply with— (a) the conditions in paragraphs 24(1) to (4), 25, 31 and 32 in relation to any PRNs which the reprocessor issues pursuant to that accreditation, including PRNs which the reprocessor issues after the end of the accreditation year under regulation 92(1)(c); (b) the condition in paragraph 24(5) by the end of the year following the accreditation year; (c) the condition in paragraph 26(1) (monthly reports) for each month starting with February in the accreditation year and ending with February in the following year; (d) the condition in paragraph 26(2) (annual report) by 28th February in the year following the accreditation year; (e) the condition in paragraph 30 during the accreditation year. (2) An exporter who has an accreditation for an accreditation year must comply with— (a) the conditions in paragraphs 27, 28, 31 and 32 in relation to any PERNs which the exporter issues pursuant to that accreditation, including PERNs which the exporter issues after the end of the accreditation year under regulation 92(2)(c); (b) the condition in paragraph 29(1) (monthly reports) for each month starting with February in the accreditation year and ending with February in the following year; (c) the condition in paragraph 29(2) (annual report) by 28th February in the year following the accreditation year; (d) the condition in paragraph 30 during the accreditation year. Conditions applying to reprocessors 24 (1) A reprocessor may only issue a PRN in relation to packaging waste if the packaging waste is received for recycling at a reprocessing site, and is of a category of packaging waste, for which the reprocessor has an accreditation at the time the waste is received. (2) A reprocessor may not issue a PRN for more than the recyclable proportion, as calculated in accordance with paragraph 22, of packaging waste which meets the conditions in sub-paragraph (1). (3) A reprocessor must not, in relation to a category of packaging waste and a reprocessing site, issue PRNs for more packaging waste than— (a) the upper limit of the tonnage band for which the reprocessor is accredited; or (b) the amount which the reprocessor has capacity to recycle at that reprocessing site by the end of the year after the year in which it is received. (4) A reprocessor must ensure that any PRN it issues which relates to packaging waste received for recycling in December of a year specifies that fact. (5) A reprocessor must recycle at the reprocessing site at least the amount of packaging waste in each category received at that site for which it has issued PRNs, by no later than the end of the year following the year in which the packaging waste was received at the site. 25 A reprocessor must, in relation to each PRN it issues, keep records— (a) identifying the load of packaging waste to which the PRN relates, and when that waste was recycled; and (b) of evidence demonstrating— (i) that the issue of the PRN was in accordance with paragraph (1), and the amount of packaging waste for which the PRN was issued was in accordance with paragraph 24(2); (ii) that the packaging waste received for recycling at the reprocessing site has been recycled. 26 (1) A reprocessor must provide a monthly report to the appropriate agency before the 21st day of each month setting out— (a) for each category of packaging waste in respect of which the reprocessor issued PRNs in the previous calendar month— (i) the tonnage of packaging waste for which PRNs were issued by the reprocessor in that month; (ii) the average price per tonne of packaging waste received by the reprocessor for the sale of PRNs in that month; (iii) the total revenue generated by the reprocessor from the sale of PRNs in that month; (b) the information set out in paragraphs 20 and 25. (2) A reprocessor must provide an annual report to the appropriate agency before 28th February in each year which sets out— (a) all the information provided in the reprocessor’s monthly reports which relate to each month of the previous calendar year; (b) the amount of revenue generated from the sale of PRNs in the previous calendar year; (c) what that amount has been spent on, including information on the matters set out in regulation 96(4) and accounting for the whole of that amount; (d) any deviation during the previous calendar year from the reprocessor’s business plan, explaining the reasons for it. (3) The reports required to be made by a reprocessor under sub-paragraphs (1) and (2) must be— (a) in the form specified by the appropriate agency; and (b) verified by the signature of an approved person of the reprocessor. Conditions applying to exporters 27 (1) An exporter may only issue a PERN in relation to packaging waste if— (a) the packaging waste— (i) is of a category for which the exporter has an accreditation at the time of its export; and (ii) has been exported for recycling at an overseas reprocessing site specified in that accreditation; (b) the packaging waste has been exported in accordance with the legislation referred to in regulation 88(1)(h); (c) the exporter— (i) is the legal owner of the packaging waste at the point of export; or (ii) the exporter has transferred legal ownership of the packaging waste to the person responsible for the operation of the overseas reprocessing site to which the waste is exported, and that person is its legal owner at the point of export; (d) the exporter has evidence that the packaging waste has been received at the overseas reprocessing site, and of the tonnage of packaging waste received; (e) the exporter has up-to-date information that the recycling operations taking place at the overseas reprocessing site take place under conditions that are broadly equivalent to requirements applicable to reprocessing sites in the United Kingdom. (2) An exporter must not issue a PERN for more than the recyclable proportion, as calculated in accordance with paragraph 22, of packaging waste which meets the conditions in sub-paragraph (1). (3) An exporter must ensure that anyPERN it issues which relates to packaging waste received at an overseas reprocessing site for recycling in December of a year specifies that fact. (4) An exporter must not, in relation to a category of packaging waste, issue PERNs for more packaging waste than the upper limit of the tonnage band for which the exporter is accredited. (5) An exporter who exports packaging waste to an overseas reprocessing site via an interim site which handles the waste before the waste is sent on to its final destination at an overseas reprocessing site— (a) must, before exporting packaging waste to an interim site, provide to the appropriate agency in such manner as the appropriate agency specifies— (i) the name and address of the interim site; and (ii) an email address and telephone number of the operator of the site; (b) may only issue PERNs for the weight of packaging waste received for recycling at the overseas reprocessing site. 28 An exporter must, in relation to each PERN it issues, keep records— (a) identifying the load of packaging waste to which the PERN relates, and when that waste was exported for recycling; and (b) of evidence demonstrating— (i) that the issue of the PERN was in accordance with paragraph (1), and the amount of packaging waste for which the PERN was issued was in accordance with paragraph 27(2); (ii) that the packaging waste to which the PERN relates has been received for recycling at the overseas reprocessing site to which it has been exported, and the tonnage of packaging waste received at the overseas reprocessing site; (iii) that the packaging waste to which the PERN relates has been recycled by no later than the end of the year after the year in which it is received at the overseas reprocessing site. 29 (1) An exporter must provide a monthly report to the appropriate agency before the 21st day of each month setting out— (a) for each category of packaging waste in respect of which the exporter issued PERNs in the previous calendar month— (i) the tonnage of packaging waste for which PERNs were issued by the exporter in that month; (ii) the average price per tonne of packaging waste received by the exporter for the sale of PERNs in that month; (iii) the total revenue generated by the exporter from the sale of PERNs in that month; (b) the information set out in paragraphs 21 and 28. (2) An exporter must provide an annual report to the appropriate agency before the end of February in each year which sets out— (a) all the information provided in the exporter’s monthly reports which relate to each month of the previous calendar year; (b) the amount of revenue generated from the sale of PERNs in the previous calendar year; (c) what that amount has been spent on, including information on the matters set out in regulation 96(4) and accounting for the whole of that amount; (d) any deviation during the previous calendar year from the exporter’s business plan, explaining the reasons for it. (3) The reports required to be made by a exporter under sub-paragraphs (1) and (2) must be— (a) in the form specified by the appropriate agency; and (b) verified by the signature of an approved person of the exporter. Conditions applying to both reprocessors and exporters 30 A reprocessor or exporter must— (a) implement the business plan referred to in regulation 94(3)(b)(ii) or 95(3)(b)(ii); (b) operate in accordance with the sampling and inspection plan approved by the appropriate agency under regulation 97(1)(a); and (c) implement all other procedures and policies set out in their application for an accreditation and in any subsequent application to vary an accreditation. 31 A reprocessor or exporter— (a) must not issue PRNs or PERNs to any person other than a producer or scheme operator or their representative; (b) must issue PRNs or PERNs in a manner which least hinders the ability of any person to acquire PRNs and PERNs; (c) must not issue a PRN or PERN in relation to any packaging waste which is a deposit item; (d) must not issue a PRN or PERN in relation to any packaging waste for which a PRN or PERN has already been issued, either by that reprocessor or exporter or by any other reprocessor or exporter. 32 The records required to be kept by a reprocessor under paragraph 25 or by an exporter under paragraph 28 must be— (a) maintained for each month in a summary log in a format specified by the appropriate agency; (b) retained by the reprocessor or exporter for at least 7 years after the end of the year in which the record is made; and (c) made available to the appropriate agency on demand.