The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023

JurisdictionUK Non-devolved
Year2023
CitationSI 2023/721

2023 No. 721

Environmental Protection

The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023

Made 28th June 2023

Coming into force 30th June 2023

The Secretary of State makes these Regulations in exercise of powers conferred by section 2 of, and paragraphs 11, 17 and 20 of Schedule 1 to, the Pollution Prevention and Control Act 1999 (“the 1999 Act”)1.

In accordance with section 2(4) of the 1999 Act, the Secretary of State has consulted—

(a) the Environment Agency;

(b) such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses as the Secretary of State considers appropriate, and

(c) such other bodies or persons as the Secretary of State considers appropriate.

In accordance with section 2(8) of the 1999 Act, a draft of these Regulations has been laid before, and approved by resolution of, each House of Parliament.

S-1 Citation, commencement, extent and application

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023.

(2) These Regulations come into force on—

(a)

(a) 30th June 2023, or

(b)

(b) if later, the day after the day on which they are made.

(3) These Regulations extend to England and Wales, and apply to England only.

S-2 The Packaging Waste (Data Reporting) (England) Regulations 2023

The Packaging Waste (Data Reporting) (England) Regulations 2023

2. The Packaging Waste (Data Reporting) (England) Regulations 20232are amended in accordance with these Regulations.

S-3 Interpretation

Interpretation

3. In regulation 2(2)—

(a) in the definition of “brand owner”, for “8(2)” substitute “8(2B) read with 8(2A)”;

(b) omit the definition of “premises”;

(c) omit the definition of “recovery”.

S-4 Establishment in England and the United Kingdom

Establishment in England and the United Kingdom

4. In regulation 3—

(a) in paragraph (3)—

(i) for “countries in”, substitute “nations of”;

(ii) for “countries”, the second time it occurs, substitute “nations”;

(b) in paragraph (4), for “country” substitute “nation”;

(c) in paragraph (5), for “country” substitute “nation”.

S-5 Packaging and packaging categories

Packaging and packaging categories

5. In regulation 6(3), for “rules” substitute “application of the criteria”.

S-6 Producers

Producers

6. In regulation 8—

(a) for paragraph (2), substitute—

S-2

2 Unless paragraph (3A) applies, and subject to paragraph (2C), 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—

S-2A

2A Subject to paragraph (2C), when 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.

S-2B

2B In this regulation—

“brand” means a brand name, trade mark or other distinctive mark;

“branded packaging” means packaging on which the brand owner’s brand appears;

“brand owner” means, subject to paragraph (2A), a person whose brand appears on an item of filled packaging.

S-2C

2C Where different individual branded products or 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—

S-3A

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, and 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), in sub-paragraph (b)—

(i) at the end of paragraph (ii), omit “or”;

(ii) for paragraph (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; or

”;

(iii) after paragraph (iii), insert—

(iv)

(iv) where the brand owner is not established in the United Kingdom.

”;

(e) after paragraph (4), insert—

S-4A

4A An importer is also a producer in relation to any packaging imported by the importer into, and discarded in, the United Kingdom.

S-7 Licensors and pub operating businesses

Licensors and pub operating businesses

7. In regulation 9(3), in the definition of “tenant”, omit the words from ““tertiary packaging”” to the end.

S-8 Supply

Supply

8. In regulation 10—

(a) after paragraph (1), insert—

S-1A

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 Kingdom.

”;

(b) in paragraph (2), for “functions” substitute “actions”;

(c) in paragraph (4)(a)(ii), for “market” substitute “marketplace”.

S-9 Threshold criteria for large and small producers

Threshold criteria for large and small producers

9. In regulation 11(9)(a) and (b), for “and (4)(b)” substitute “, (4)(b), (5)(b) and (6)(b)”.

S-10 Data reporting obligations

Data reporting obligations

10. In regulation 17(2)(b), after “1st January” insert “2023”.

S-11 Monitoring

Monitoring

11. In regulation 23, omit paragraphs (2) and (5).

...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT