1. Economy
  2. The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025

The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025

Published: Tue 23rd Dec 25

These Regulations amend the 2024 Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations, effective from January 1st, 2026, across England, Wales, Scotland, and Northern Ireland, primarily by introducing new definitions for fibre-based composite materials, refining producer responsibility during corporate mergers and acquisitions, and establishing specific rules and charges for reporting 'closed loop packaging waste' derived from food-grade plastic.

Furthermore, the amendments adjust the scope of exemptions for charities, update various financial charges outlined in Schedule 1, and empower the scheme administrator to appoint Producer Responsibility Organisations (PROs) to assist in regulatory functions, alongside detailed transitional provisions for reporting historical data related to the new closed-loop category.

Arguments For

  • Introduces specific definitions for 'fibre-based composite material' and 'paper or board', clarifying regulatory scope for these packaging types.

  • Establishes clear rules for determining producer responsibility during corporate mergers and acquisitions, ensuring continuity of obligations.

  • Creates a mechanism (closed-loop packaging waste) to reward and account for higher quality recycling of food-grade plastic packaging, incentivising better environmental outcomes.

  • Provides transitional arrangements allowing producers to amend past reports (2024/2025) to correctly account for closed-loop waste data, ensuring accurate historical data mapping to the new rules.

  • Allows the scheme administrator flexibility to appoint Producer Responsibility Organisations (PROs) to assist in performing regulatory functions, potentially increasing administrative efficiency.

Arguments Against

  • The introduction of new concepts and documentation requirements, particularly around 'closed loop packaging waste' and the associated £2,548 charge, may increase administrative burden and cost for large producers who wish to utilize this reporting route.

  • Changes to producer definitions for mergers and acquisitions may create temporary uncertainty regarding which entity assumes responsibility for prior compliance.

  • Amendments to charity exemptions narrow the exclusion, imposing producer obligations on charities, which may conflict with their primary objectives.

  • Increases in various statutory charges (e.g., registration fees) place greater financial demands on businesses falling under the regulations.

  • The retrospective ability to amend 2024/2025 reports, while intended for fairness, could lead to complex administrative adjustments across multiple compliance years.

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 50(1), 51(1), and 143(1) of, and paragraphs 1 to 5, 7 and 12 to 19 of Schedule 4 and paragraphs 1 to 9 and 11 to 17 of Schedule 5 to, the Environment Act 20211 (“the Act”).

The Scottish Ministers have consented to the making of these Regulations in relation to Scotland, the Welsh Ministers have consented to the making of these Regulations in relation to Wales, and the Department for Agriculture, Environment and Rural Affairs in Northern Ireland has consented to the making of these Regulations in relation to Northern Ireland, in accordance with sections 50(3) and 51(3) of the Act.

In accordance with paragraphs 8 and 20 of Schedule 4 and paragraphs 10 and 18 of Schedule 5 to the Act, the Secretary of State has consulted persons appearing to the Secretary of State to represent the interests of those likely to be affected by these Regulations, and any other person the Secretary of State considers appropriate.

The Secretary of State is satisfied that these Regulations satisfy the requirements set out in paragraph 9 of Schedule 4 to the Act.

A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with sections 50(5), 51(4) and 143(5)(b) of the Act.

Part 1Introduction

Citation, commencement, extent and application1.

(1)

These Regulations may be cited as the Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025.

(2)

These Regulations come into force on 1st January 2026.

(3)

These Regulations extend to England and Wales, Scotland and Northern Ireland and apply to England, Wales, Scotland and Northern Ireland.

Interpretation2.

In these Regulations, “the 2024 Regulations” means the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 20242.

Part 2Amendment of the 2024 Regulations

Amendment of the 2024 Regulations3.

The 2024 Regulations are amended in accordance with regulations 4 to 17.

Amendment of Part 1 (general)4.

(1)

In regulation 2 (interpretation), in paragraph (1)—

(a)

for the definition of “fibre-based composite material” substitute—

““fibre-based composite material” has the meaning given in regulation 7(5A)(a)”;

(b)

insert the following definitions in the appropriate places—

““accredited” has the meaning given in regulation 84(1);”;

““closed loop packaging waste” has the meaning given in regulation 34(5A);”;

““food grade” has the meaning given in regulation 34(5A);”;

““paper or board” is to be interpreted in accordance with regulation 7(5A)(b);”;

““relevant packaging waste” has the meaning given in regulation 34(4);”.

(2)

In regulation 7 (packaging and packaging categories), after paragraph (5) insert—

(5A)

For these purposes—

(a)

“fibre-based composite material” means packaging material which—

(i)

is made of paperboard or paper fibres, with one or more layers of plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand; and

(ii)

is not in the paper or board packaging category;

(b)

“paper or board” includes packaging material which is within the description in sub-paragraph (i) of the definition of fibre-based composite material, if the producer who supplies the packaging can provide evidence that its layer or layers of plastic are not more than 5% of the packaging material by mass.”.

(3)

In regulation 8 (household packaging), in paragraph (1), omit sub-paragraph (b).

(4)

In regulation 11 (exempt packaging)—

(a)

in paragraph (1), for sub-paragraph (c) substitute—

(c)

packaging which—

(i)

is a deposit item for the purposes of a relevant deposit scheme; or

(ii)

would be a deposit item for the purposes of a relevant deposit scheme, but for a low volume line exemption.”;

(b)

for paragraph (2) substitute—

(2)

In paragraph (1)—

“low volume line exemption” means an exemption from being a deposit item, specified in regulations for the purposes of a relevant deposit scheme, which applies where the number of items of a particular description does not exceed a threshold specified in those regulations;

“marine installation” means any artificial island, installation or structure at sea, other than a vessel.”.

(5)

In regulation 12 (exclusion of charities)—

(a)

at the beginning insert—

(1)

The following obligations do not apply to a producer which is a charity—

(a)

producer responsibility obligations under regulation 25 and Part 3; and

(b)

liability to pay annual disposal and administration fees under regulation 60.”;

(b)

the existing text of regulation 12 becomes paragraph (2); and

(c)

in paragraph (2), for “These Regulations do not apply to a charity, and for” substitute “For”.

Amendment of Part 2 (producers and obligations)5.

(1)

In regulation 15 (producers), at the end insert—

(7)

Paragraphs (8) and (9) apply where a supply of packaging has been made by a person who, under regulations 16 to 21, is a producer in relation to that packaging (“the first producer”).

(8)

Subject to paragraph (9), after the supply of packaging by the first producer, no other person except a seller becomes a producer in relation to that packaging as a result of that other person making a further supply of the packaging.

(9)

But if another component, for example a new label, is added to packaging after its supply by the first producer (“the new packaging component”), it is to be determined in accordance with regulations 16 to 22 who is a producer in relation to the new packaging component.”.

(2)

In regulation 16 (brand owners)—

(a)

in paragraph (1), in the opening words, omit “, subject to paragraph (3)”;

(b)

for paragraph (3) substitute—

(3)

Subject to paragraph (4), where more than one brand appears on filled packaging—

(a)

if the brand owner in respect of one of those brands makes the first supply of the filled packaging, that brand owner is a producer;

(b)

otherwise, the brand owner in respect of the brand which occupies the largest area of the external surface of the packaging is a producer,

in relation to that packaging, including any part of the packaging contained within, or forming part of, that packaging (whether or not that part of the packaging is branded).”.

(3)

In regulation 24 (threshold criteria: large and small producers), in paragraph (3), for sub-paragraph (b) substitute—

(b)

the amount of packaging which CB is to be treated as supplying in the calendar year in which the merger took place is to be calculated in accordance with regulation 27A(4);”.

(4)

In regulation 25 (producer responsibility obligations)—

(a)

in paragraph (1), in the opening words, for “producer” in the first place that it occurs, substitute “person”;

(b)

in paragraph (2), for sub-paragraph (b) substitute—

(b)

keep—

(i)

the evidence referred to in regulation 34(2)(b), in accordance with regulation 34(2); and

(ii)

the evidence specified in regulation 34(3), in accordance with that regulation;”.

(5)

For the heading to Chapter 3 of Part 2, substitute “Insolvency, etc., and mergers and acquisitions of producers”.

(6)

After regulation 27, insert regulations 27A (corporate mergers), 27B (transfers of ownership of a brand or business) and 27C (transfers of ownership: further obligations where the transferor is a large producer) as set out in Schedule 1 to these Regulations.

Amendment of Part 3 (producer responsibility obligations)6.

(1)

In regulation 28 (application for producer registration), after paragraph (2) insert—

(2A)

A producer who is required by regulation 27A(3) to register after a corporate merger must submit an application for producer registration to the appropriate agency—

(a)

on or before the earliest date on which any of the merged bodies referred to in regulation 27A would have been required to apply for registration under paragraph (1) for the relevant year in which the merger takes place; or

(b)

if later, before the end of a period of 28 days beginning with the day on which the merger takes place.

(2B)

A producer who is required by regulation 27B(3) to register or to re-register after acquiring a brand or business from another producer must submit an application for producer registration to the appropriate agency—

(a)

on or before the date on which the transferor referred to in regulation 27B would have been required to apply for registration under paragraph (1) for the relevant year in which the transfer of the brand or business takes place; or

(b)

if later, before the end of a period of 28 days beginning with the day on which the transfer takes place.”.

(2)

In regulation 29 (making an application for producer registration), in paragraph (3)—

(a)

after sub-paragraph (a), omit “and”;

(b)

after sub-paragraph (b) insert—

“; and

(c)

the additional charge in paragraph 2(2A) of Schedule 1, if the producer is a large producer who wishes to report an amount of closed loop packaging waste under paragraph 12(2) of Schedule 4 in a report to the appropriate agency for one or both reporting periods in the relevant year.”.

(3)

In regulation 31 (conditions of registration of a producer), in sub-paragraph (e)—

(a)

omit “P informs the appropriate agency”; and

(b)

at the end, insert “, P informs the appropriate agency within 28 days of ceasing to be a producer”.

(4)

In regulation 34 (record keeping obligations)—

(a)

in paragraph (1), in Table 1, in the third column of the entry for “Seller”, omit “12,”;

(b)

for paragraph (2) substitute—

(2)

A producer must keep—

(a)

any data which the producer is required to collect under paragraph (1), and

(b)

any evidence which the producer is required by paragraph 1(3) of Schedule 4 to be able to provide in relation to that data,

for at least 7 years after the end of the reporting period to which the data relate.”;

(c)

in paragraph (3)—

(i)

in sub-paragraph (a)(i), for “paragraph 12” substitute “paragraph 12(1)”;

(ii)

after sub-paragraph (a) insert—

(aa)

retain evidence—

(i)

of the amount of closed loop packaging waste which P has collected from consumers, and reported on under paragraph 12(2) of Schedule 4;

(ii)

that the packaging waste satisfies all the elements of the definition of “closed loop packaging waste” in paragraph (5A);

(iii)

that the packaging waste has been recycled into food grade plastic materials or articles;”;

(iii)

in sub-paragraph (b), for “that evidence” substitute “evidence retained under sub-paragraphs (a) and (aa)”;

(d)

in paragraph (4), in the closing words, after “but” insert “not including closed loop packaging waste and”;

(e)

after paragraph (5) insert—

(5A)

In this regulation—

“closed loop packaging waste” means household packaging waste which meets all the following conditions—

(a)

the waste is food grade plastic household packaging which has become waste;

(b)

that household packaging has been—

  1. (i)

    supplied by a producer as filled packaging on or after 1st January 2024; and

  2. (ii)

    included by that producer in an amount of household packaging which, in a report under these Regulations or the 2023 Data Regulations, the producer reported to the appropriate agency that it supplied in a reporting period;

(c)

the waste is—

  1. (i)

    collected directly from a consumer by or on behalf of the producer who supplied the packaging, and

  2. (ii)

    sent by or on behalf of that producer for recycling,

without being mixed with any materials other than household packaging waste from packaging which meets the conditions in paragraphs (a) and (b) and was supplied by the same producer;

(d)

the waste is sent by that producer for recycling by a single reprocessor at one or more reprocessing sites or overseas reprocessing sites (where the recycling may be in addition to other recycling carried out by that reprocessor);

“food grade”, in relation to plastic materials or articles, means plastic materials or articles which—

(a)

are intended to come into contact with food; and

(b)

meet the requirements for being placed on the market in—

  1. (i)
    Article 4(a), (c), (d) and (e) of Commission Regulation (EU) No 10/20113; and
  2. (ii)
    Article 3 of Commission Regulation (EU) No 282/20084, if the materials or articles are recycled.”.

Amendment of Part 5 (disposal costs)7.

(1)

In regulation 60 (liability of producers to pay annual disposal and administration fees)—

(a)

for paragraph (1) substitute—

(1)

A person is a liable producer in relation to an assessment year if—

(a)

the person is a producer in all or part of that assessment year; and

(b)

in the calendar year ending on the 31st December preceding the start of that assessment year, the person—

(i)

was a brand owner, a packer/filler, an importer or first UK owner, a distributor, an online marketplace operator or a service provider;

(ii)

was a large producer; and

(iii)

supplied household packaging.”;

(b)

in paragraph (2), for “producer” in the first and second places where it occurs, substitute “person”.

(2)

In regulation 62 (calculation of disposal fee: household packaging waste)—

(a)

in paragraph (1)—

(i)

in the definition of “E”, at the end insert—

“, after subtraction of the total weight in tonnes of waste in that packaging category which is off-set under paragraph (2) for all liable producers”;

(ii)

in the definition of “CW”, after “producer” insert “, or, where regulation 67A(4) applies, estimated by the scheme administrator,”;

(b)

in paragraph (2), for the words from “must” to the end, substitute—

“must, subject to paragraphs (2A) and (2B), off-set the weight in tonnes of relevant packaging waste and closed loop packaging waste in that packaging category reported by or in relation to the liable producer under paragraph 12(1) or (2) of Schedule 4”;

(c)

after paragraph (2) insert—

(2A)

The scheme administrator must calculate CW without off-setting any closed loop packaging waste reported under paragraph 12(2) of Schedule 4, if the liable producer has not paid the additional registration charge under regulation 29(3)(c) for the calendar year in question.

(2B)

If, for a packaging category, the weight referred to in paragraph (2) is greater than the weight of household packaging reported by or in relation to the producer as having been supplied in the calendar year ending before the start of the assessment year, CW is 0.”.

(3)

In regulation 63 (calculation of disposal fee: costs of providing public information), in paragraphs (2), (4) and (6), in the definition of “CW” in each of those paragraphs, after “made” insert “, or, where regulation 67A(4) applies, estimated by the scheme administrator,”.

(4)

In regulation 64 (household packaging waste disposal fees: modulation), in paragraph (7), at the end insert—

(f)

whether the amount of packaging material used is no more than reasonably necessary to fulfil the purpose of the packaging.”.

(5)

In regulation 65 (calculation of administration fee), after paragraph (2) insert—

(2A)

Where the scheme administrator has delegated, or expects to delegate, any of its functions to another body under paragraph 1(1) or (2B) of Schedule 7, the expenses referred to in paragraph (2) include any payments that the scheme administrator expects to make to that body for carrying out those functions.”.

(6)

After regulation 67, insert regulation 67A (late assessment of disposal and administration fees) as set out in Schedule 2 to these Regulations.

(7)

In regulation 68 (payments and interest)—

(a)

in paragraph (1)—

(i)

before “producer” insert “liable”;

(ii)

after “67” insert “or 67A”;

(b)

in paragraph (2)—

(i)

after “67(2)(g)” insert “or 67A(7)”;

(ii)

before “producer”, in both places where it occurs, insert “liable”;

(iii)

after “disposal fees” insert “or administration fees”;

(c)

in paragraph (3), after “disposal fee” insert , administration fee”.

(8)

In regulation 70 (assessment by the scheme administrator: relevant authority disposal costs), in paragraph (7), in the opening words, after “possible”, insert “, while facilitating achievement of the environmental effects set out in the policy statement published under regulation 1275”.

(9)

In regulation 73 (procedure for assessments), in paragraph (1)(c)—

(a)

omit paragraph (i); and

(b)

in paragraph (ii), for “the relevant area” substitute “the area of that authority (“the relevant area”)”.

(10)

In regulation 79 (recalculation of disposal and administration fees), in paragraph (5), in the opening words, after “year is” insert “materially”.

Amendment of Part 6 (reprocessors and exporters)8.

In regulation 98 (conditions of accreditation), in paragraph (b)(iii), for “regulation 97(5)(d)” substitute “regulation 97(4)(c) or (5)(d)”.

Amendment of Part 8 (appeals)9.

In regulation 105 (right of appeal: disposal costs and scheme administrator costs), in paragraph (1)(a), after “regulation 67” insert “or 67A”.

Amendment of Part 10 (offences and civil sanctions)10.

(1)

In regulation 115 (offences: producers), in paragraph (1)—

(a)

in sub-paragraph (b), after “(2)” insert “, (2A), (2B)”;

(b)

after sub-paragraph (c), omit “or”;

(c)

after sub-paragraph (e) insert—“; or

(f)

to report the information described in paragraph 12(2) of Schedule 4 (closed loop packaging waste) for a reporting period without having paid the additional registration charge payable under regulation 29(3)(c) for the relevant year in which that reporting period falls.”.

(2)

In regulation 118 (further offences), after paragraph (4), insert—

(4A)

It is an offence in Scotland for—

(a)

a licensor to which Part 1 of Schedule 10 applies to fail to—

(i)

collect and keep data as required by paragraph 5 of Schedule 10; or

(ii)

report data as required by paragraph 6 of Schedule 10;

(b)

a pub operating business to which Part 2 of Schedule 10 applies to fail to—

(i)

collect and keep data as required by paragraph 12 of Schedule 10; or

(ii)

report data as required by paragraph 13 of Schedule 10.”.

Amendment of Part 11 (miscellaneous and supplementary)11.

In regulation 135 (information sharing), for paragraph (1) substitute—

(1)

Any information provided under these Regulations to—

(a)

an appropriate agency;

(b)

the scheme administrator; or

(c)

a Producer Responsibility Organisation appointed under paragraph 1(2B) of Schedule 7, or a body with which the scheme administrator enters into an agreement under paragraph 1(1) of Schedule 7,

may be shared with any other of those bodies.”.

Amendment of Schedule 1 (charges)12.

(1)

Schedule 1 is amended as follows.

(2)

In paragraph 2 (producers)—

(a)

in sub-paragraph (1)(a), for “£2,620” substitute “£2,842”;

(b)

in sub-paragraph (1)(b), for “£1,216” substitute “£1,303”;

(c)

in sub-paragraph (1)(c), for “£2,579” substitute “£2,885”;

(d)

in sub-paragraph (1)(d)(i), for “£558” substitute “£690”;

(e)

in sub-paragraph (1)(d)(ii), for “£140” substitute “£172”;

(f)

in sub-paragraph (2), for “£332” substitute “£386”;

(g)

after sub-paragraph (2) insert—

(2A)

The additional charge referred to in regulation 29(3)(c) for a large producer who wishes to report an amount of closed loop packaging waste under paragraph 12(2) of Schedule 4 in a report to the appropriate agency for one or both reporting periods in the relevant year is £2,548.”;

(h)

in sub-paragraph (3), for “£714” substitute “£807”.

(3)

In paragraph 3 (compliance schemes)—

(a)

in sub-paragraph (1), for “£8,174” substitute “£8,691”;

(b)

in sub-paragraph (2), for “£13,804” substitute “£14,702”;

(c)

in sub-paragraph (3), for “£430” substitute “£512”.

(4)

In paragraph 4 (registration of producers which are compliance scheme members)—

(a)

in sub-paragraph (1)(a), for “£1,685” substitute “£1,803”;

(b)

in sub-paragraph (1)(b), for “£631” substitute “£696”;

(c)

in sub-paragraph (1)(c), for “£2,579” substitute “£2,885”;

(d)

in sub-paragraph (1)(d)(i), for “£558” substitute “£690”;

(e)

in sub-paragraph (1)(d)(ii), for “£140” substitute “£172”;

(f)

in sub-paragraph (2), for “£332” substitute “£386”;

(g)

after sub-paragraph (2) insert—

(2A)

The additional charge for a large producer who wishes to report an amount of closed loop packaging waste under paragraph 12(2) of Schedule 4 in a report to the appropriate agency for a reporting period in the relevant year is £2,548 for each such producer for whom the scheme operator applies for registration.”;

(h)

in sub-paragraph (3), for “(1) and (2)”, in both places where it occurs, substitute “(1), (2) and (2A)”.

(5)

In paragraph 5 (reprocessors and exporters: registration)—

(a)

in sub-paragraph (1), for “£2,921” substitute “£3,228”;

(b)

in sub-paragraph (2), for “£428” substitute “£574”;

(c)

in sub-paragraph (3), for “£1,324” substitute “£1,571”.

(6)

In paragraph 6 (reprocessors and exporters: accreditation)—

(a)

in sub-paragraph (2)(b), for “£216” substitute “£328”;

(b)

in sub-paragraph (3)(a), for “£500” substitute “£546”;

(c)

in sub-paragraph (3)(b), for “£2,000” substitute “£2,184”;

(d)

in sub-paragraph (3)(c), for “£3,000” substitute “£3,276”;

(e)

in sub-paragraph (3)(d), for “£3,631” substitute “£3,965”;

(f)

in sub-paragraph (4), for “£428” substitute “£574”;

(g)

in sub-paragraph (6), for “£216” substitute “£328”.

(7)

In paragraph 8 (annual increases for inflation), in sub-paragraph (1), for “2026” substitute “2027”.

Amendment of Schedule 4 (producer reporting information)13.

(1)

Schedule 4 is amended as follows.

(2)

In paragraph 1(3)—

(a)

for “may only” substitute “must not”;

(b)

for “if” substitute “unless”.

(3)

For paragraph 12 substitute—

“12.

(1)

The weight in kilograms, in each packaging category, of relevant packaging waste which the producer has collected from consumers and sent for recycling and in respect of which the producer has evidence that it has been recycled in the reporting period.

(2)

Subject to sub-paragraphs (3) to (5), the weight in kilograms of closed loop packaging waste which the producer has collected from consumers and sent for recycling and in respect of which the producer has evidence that it has been recycled into food grade plastic materials or articles in the reporting period.

(3)

If, during a reporting period, a producer changes the reprocessor to which it sends closed loop packaging waste for recycling, and does not thereafter send any further closed loop packaging waste to the previous reprocessor, the producer may report the aggregate weight of closed loop packaging waste sent to both reprocessors which satisfies the conditions in sub-paragraph (2).

(4)

But a producer must not otherwise, for the purposes of sub-paragraph (2), aggregate weights of closed loop packaging waste sent to more than one reprocessor.

(5)

A producer must not report any closed loop packaging waste under sub-paragraph (2) for a reporting period unless the producer has paid the additional registration charge payable under regulation 29(3)(c) for the relevant year in which that reporting period falls.

(6)

For the purposes of sub-paragraphs (1) and (2), the evidence referred to in those paragraphs must be obtained by the producer from an accredited reprocessor or exporter.”.

(4)

In paragraph 13(1), in the opening words, after “in kilograms” insert “, in each packaging category,”.

Amendment of Schedule 7 (the scheme administrator)14.

(1)

Schedule 7 is amended as follows.

(2)

In paragraph 1 (power to delegate functions)—

(a)

after sub-paragraph (2) insert—

(2A)

Sub-paragraphs (2B) and (2C) apply where the person appointed as the scheme administrator is the Secretary of State or a statutory body.

(2B)

The scheme administrator may appoint a body (a “Producer Responsibility Organisation” or “PRO”) to—

(a)

perform on behalf of the scheme administrator, or

(b)

provide advice, recommendations or support to the scheme administrator in relation to the performance by the scheme administrator of,

such of the scheme administrator’s functions as are specified in the appointment.

(2C)

The scheme administrator must, before appointing a body as a Producer Responsibility Organisation, obtain the consent of each of the appropriate authorities to—

(a)

the appointment of that body;

(b)

the proposed duration of the appointment; and

(c)

the functions which it proposes to appoint that body to perform.”;

(b)

omit sub-paragraph (3).

(3)

After paragraph 1, insert paragraphs 1A to 1E as set out in Schedule 3 to these Regulations.

(4)

In paragraph 10 (complaints procedure), in the opening words, after “Regulations,”, insert—

“or the way in which a Producer Responsibility Organisation appointed under paragraph 1(2B) of this Schedule or a body with which the scheme administrator enters into an agreement under paragraph 1(1) of this Schedule exercises the functions conferred on that body,”.

Amendment of Schedule 8 (reprocessors and exporters)15.

In Schedule 8, in paragraph 31—

(a)

in sub-paragraph (c), for “may not issue PRNs or PERNs” substitute “must not issue a PRN or PERN”;

(b)

after sub-paragraph (c) insert—

(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.”.

Amendment of Schedule 13 (civil sanctions)16.

In Schedule 13, in the table after paragraph 1—

(a)

under the sub-heading “Producers”—

(i)

in the entry for regulation 28(1) to (3), in the first column (headed “Requirement or prohibition”), after “(2)” insert “, (2A), (2B)”;

(ii)

in the entry for regulation 31(b) to (e), in the fourth column (headed “Compliance Notice”), for “No” substitute “Yes”;

(iii)

after the entry for regulation 68(4) insert—
colgroup>

“Schedule 4, paragraph 12(5) (prohibition on reporting closed loop packaging waste without having paid the additional registration charge payable under regulation 29(3)(c))

No

Yes

Yes

Yes”;

(b)

under the sub-heading “Holding companies with a group registration”, in the entry for regulation 31(b) to (e) as applied by Schedule 9, paragraph 4(5), in the fourth column, for “No” substitute “Yes”.

Amendment of Schedule 14 (public register)17.

In Schedule 14, in paragraph 5, for sub-paragraph (b) substitute—

(b)

details of each registration and accreditation held by the reprocessor or exporter, including—

(i)

the category of packaging waste specified in the registration or accreditation; and

(ii)

in the case of a registration or accreditation held by a reprocessor, the reprocessing site specified in the registration or accreditation;”.

Part 3Transitional provisions

Transitional provisions18.

The transitional provisions in Schedule 4 to these Regulations have effect.

Explanatory Note
(This note is not part of the Regulations)

These Regulations amend the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332) (“the 2024 Regulations”).

Regulation 4(2) amends regulation 7 of the 2024 Regulations (packaging and packaging categories) by amending the definition of “fibre-based composite material” and inserting a definition of “paper or board”, two of the packaging categories prescribed in the 2024 Regulations.

Regulation 4(5) amends regulation 12 of the 2024 Regulations (exclusion of charities) so that, instead of being excluded from the application of the 2024 Regulations in their entirety, charities are only excluded from the application of provisions of the 2024 Regulations which impose obligations on producers.

Regulation 5(1) and (2) amend provisions in Part 2 of the 2024 Regulations (producers and obligations) which define classes of producers and specify the packaging in relation to which they are producers for the purposes of the Regulations.

Regulation 5(6) and Schedule 1 insert new regulations 27A (corporate mergers), 27B (transfers of ownership of a brand or business) and 27C (transfers of ownership: further obligations where the transferor is a large producer) in the 2024 Regulations.

Regulation 6 amends regulation 34 of the 2024 Regulations (record-keeping obligations) to require records and evidence to be kept by producers who collect and send certain packaging waste for recycling in a closed loop recycling arrangement.

Regulation 7 and Schedule 2 amend provisions in Part 5 of the 2024 Regulations (disposal costs) about the calculation of disposal fees and administration fees payable by liable producers. Among other things, these amendments—

  • enable closed loop packaging waste, defined in regulation 34(5A) of the 2024 Regulations as inserted by regulation 6(4)(e), to be offset against the weight of household packaging waste supplied by a liable producer which is used in calculating the producer’s disposal fees;

  • enable the scheme administrator to take into account, in modulating liable producers’ disposal fees for household packaging waste, whether the amount of packaging used by a producer is no more than reasonably necessary to fulfil its purpose; and

  • make provision for the late assessment of a liable producer’s disposal and administration fees.

Regulation 10 amends regulations 115 and 118 of the 2024 Regulations (offences), and regulation 16 amends the table of civil sanctions in Schedule 13 to the 2024 Regulations. The amendment to regulation 118 makes it an offence in Scotland for pub operating businesses and licensors to fail to comply with obligations in Schedule 10 to the 2024 Regulations.

Regulation 12 amends the charges prescribed in Schedule 1 to the 2024 Regulations.

Regulation 13 amends Schedule 4 to the 2024 Regulations (producer reporting information) to include a requirement to report closed loop packaging waste.

Regulation 14 and Schedule 3 amend Schedule 7 to the 2024 Regulations (the scheme administrator) to confer power on the scheme administrator to appoint one or more other bodies (a “Producer Responsibility Organisation”) to carry out on its behalf such of the scheme administrator’s functions as are specified in the appointment.

Other minor and consequential amendments are also made to the 2024 Regulations.

Regulation 18 and Schedule 4 contain transitional provisions.

A full impact assessment has not been produced for this instrument as no significant impact on the private, voluntary or public sector is foreseen.

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