The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2023
| Jurisdiction | Scotland |
| Year | 2023 |
| Citation | SSI 2023/160 |
2023 No. 160
Environmental Protection
The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2023
Made 23th May 2023
Laid before the Scottish Parliament 25th May 2023
Coming into force 30th June 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 18 and 58, and paragraphs 14, 22 and 33 of schedule 2 of the Regulatory Reform (Scotland) Act 2014 (the “2014 Act”)1and all other powers enabling them to do so.
In accordance with section 19(1) of the 2014 Act, the Scottish Ministers have consulted the Scottish Environment Protection Agency and such other persons as they thought fit, including such persons appearing to them to be representative of the interests of local government, industry, agriculture, fisheries or small businesses as they considered appropriate.
Citation and commencement
1. These Regulations may be cited as the Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2023 and come into force on 30 June 2023.
Amendment of the Packaging Waste (Data Reporting) (Scotland) Regulations 2023
2. The Packaging Waste (Data Reporting) (Scotland) Regulations 20232are amended in accordance with regulations 3 to 11.
Interpretation
3. In regulation 2(1)—
(a) after the definition of “approved person”, insert—
“
“brand” means a brand name, trade mark or other distinctive mark,
”,
(b) for the definition of “brand owner”, substitute—
“
“brand owner” means, subject to regulation 8(2A), a person whose brand appears on an item of filled packaging,
”,
(c) after the definition of “brand owner”, insert—
“
“branded packaging” means packaging on which the brand owner’s brand appears,
”,
(d) omit the definition of “premises”,
(e) omit the definition of “recovery”.
Packaging and packaging categories
4. In regulation 6(3), for “rules” substitute “application of the criteria”.
Producers
5. In regulation 8—
(a) for paragraph (2), substitute—
“
2 Unless paragraph (3A) applies, and subject to paragraph (2B), a brand owner is a producer in relation to—
(a) filled packaging on which that person’s brand appears, and
(b) any part of the packaging contained in, or forming part of, branded packaging, whether or not that part of the packaging is branded.
”,
(b) after paragraph (2), insert—
“
2A Subject to paragraph (2B), where more than one brand appears on filled packaging, the owner of the brand who makes the first supply of the filled packaging is to be treated as the brand owner and producer in relation to that packaging.
2B Where different individual branded products, unbranded products or both are grouped together to be sold as a single sales unit—
(a) the brand owner for an individual branded product within the sales unit is a producer in relation to the branded packaging on that individual product,
(b) the packer/filler is a producer in relation to any unbranded packaging within the sales unit which is filled by the packer/filler.
”,
(c) after paragraph (3), insert—
“
3A A packer/filler is also a producer—
(a) where—
(i) the packer/filler has filled packaging,
(ii) the packer/filler has put a brand on the packaging to assist with distribution, not at the request of the brand owner, and
(iii) there is no other brand on the packaging,
(b) for any packaging which the packer/filler adds to branded packaging otherwise than at the request of the brand owner.
”,
(d) in paragraph (4)(b) for head (iii), substitute—
“
(iii)
(iii) where the brand owner is responsible for the import of the packaging, but is not a large producer under these Regulations,
(iv)
(iv) where the brand owner is not established in the United Kingdom.
”,
(e) after paragraph (4), insert—
“
4A An importer is also a producer in relation to any packaging imported by the importer into, and discarded by them in, the United Kingdom.
Supply
6. In regulation 10—
(a) after paragraph (1), insert—
“
1A In these Regulations, an importer is to be treated as “supplying” packaging or packaging materials which the importer imports into and discards in the United...
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