Draft Regulations laid before Parliament under section 143(5)(b) of the Environment Act 2021, 
for approval by resolution of each House of Parliament.  
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2024 No.  
ENVIRONMENTAL PROTECTION  
The Producer Responsibility Obligations (Packaging and 
Packaging Waste) Regulations 202 4 
Made  - - - - *** 
Coming into force  *** 
CONTENTS  
PART 1  
General  
 
1. Citation, commencement, extent and application  8 
2. Interpretation  8 
3. Modification of the Waste Directive  13 
4. Establishment in the United Kingdom  14 
5. Appropriate agency  14 
6. Drink  15 
7. Packaging and packaging categories  15 
8. Household packaging  17 
9. Household packaging waste  19 
10. Supply  20 
11. Exempt packaging  21 
12. Exclusion of charities  21 
13. Charges for applications etc.  21 
14. Electronic documents etc.  21 
 
PART 2  
Producers and obligations  
CHAPTER 1  
Classes of producer  
15. Producers  22 
16. Brand owners  23 
17. Packer/fillers  23 
18. Importers and first UK owners  24 
19. Distributors  24 
20. Online marketplace operators  25  
 2 21. Service providers  25 
22. Sellers  25 
CHAPTER 2  
Threshold criteria and overview of producer responsibility obligations  
23. Large and small producers  25 
24. Threshold criteria: large and small producers  26 
25. Producer responsibility obligations  27 
 
CHAPTER 3  
Insolvency, etc., of producers  
26. Insolvency, etc., of producers  28 
 
PART 3  
Recyclability assessments and recycling information  
CHAPTER 1  
Recyclability assessments  
27. Recyclability assessments  29 
 
CHAPTER 2  
Recycling information  
28. Recycling information obligations: application and interpretation  29 
29. Recycling information obligations: general  30 
30. General labelling requirements  30 
31. Recycling information for medical packaging  31 
32. Recycling information for filled, unbranded packaging  31 
33. Recycling information: additional requirements  31 
34. The labelling authority  32 
35. Recycling information obligations: monitoring, enforcement and charges  32 
 
PART 4  
Producer responsibility obligations  
CHAPTER 1  
Registration of producers  
36. Application for producer registration  32 
37. Making an application for producer registration  33 
38. Determination of applications for producer registration  33 
39. Conditions of registration of a producer  34 
40. Cancellation of registration of producers  35 
 
CHAPTER 2  
Record -keeping and reporting obligations  
41. Information to be collected and reported by producers  35 
42. Record keeping obligations  36 
43. Reporting obligations: large producers  37 
44. Reporting obligations: small producers  38 
45. Obligation to report results of recyclability assessments  38 
46. Obligation to report data on plastic or paper bags supplied in England  38 
47. Reporting obligations: general provisions  39 
  
 3 CHAPTER 3  
Recycling and certification obligations  
48. Recycling obligations  39 
49. Certification obligation  39 
 
PART 5  
Compliance schemes  
CHAPTER 1  
General  
50. Producers: effect of compliance scheme membership  40 
51. Obligations of compliance schemes  40 
52. Producer responsibility obligations carried out by scheme operators  41 
53. Provision of information by producers to compliance schemes  41 
54. Mid-year changes to compliance scheme membership  42 
 
CHAPTER 2  
Approval of compliance schemes  
55. Application for approval of a compliance scheme  42 
56. Conditions of approval of a compliance scheme  43 
57. Withdrawal of approval of a compliance scheme  44 
58. Voluntary withdrawal of approval  45 
 
CHAPTER 3  
Registration of compliance schemes  
59. Application for registration of a compliance scheme  46 
60. Determination of application for compliance scheme registration  46 
61. Conditions of registration of a compliance scheme  47 
62. Cancellation of registration of a compliance scheme  47 
 
CHAPTER 4  
Compliance schemes: records, reports and certificates  
63. Records and reports  48 
64. Statement of compliance  48 
 
PART 6  
Disposal costs  
CHAPTER 1  
General  
65. Interpretation of this Part  48 
 
CHAPTER 2  
The scheme administrator  
66. Scheme administrator  50 
67. Power to direct the scheme administrator  50 
 
CHAPTER 3  
Producer responsibility for disposal and administration costs  
68. Liability of producers to pay annual disposal and administration fees  51 
69. Calculation of disposal fees   51 
70. Calculation of disposal fee: household packaging waste  52 
71. Calculation of disposal fee: costs of providing public information  52  
 4 72. Household packaging waste disposal fees: modulation  54 
73. Calculation of administration fee  55 
74. Provision for impairments  56 
75. Notice of liability  56 
76. Payments and interest  57 
 
CHAPTER 4  
Assessment of disposal costs  
77. Disposal costs of relevant authorities for household packaging waste  57 
78. Assessment by the scheme administrator: relevant authority disposal costs  58 
79. Adjustments to disposal costs: waste income and determination of net efficient 
disposal costs  59 
80. Adjustments to disposal costs: effective service  59 
81. Procedure for assessments  61 
82. Notice of assessment  62 
83. Assessment of disposal costs: scheme administrator public information services  62 
84. Distribution to relevant authorities and the scheme administrator  63 
85. Relevant authorities: costs of providing information  64 
 
CHAPTER 5  
Recalculations  
86. Recalculations  65 
87. Recalculation of disposal and administration fees  65 
88. Recalculations: chargeable disposal costs  66 
89. Recalculations: supplementary  67 
90. Recalculation notices: producers  68 
91. Recalculation notices: relevant authorities  69 
 
PART 7  
Reprocessors and exporters  
CHAPTER 1  
Interpretation  
92. Interpretation  70 
 
CHAPTER 2  
Registration  
93. Registration: reprocessors  72 
94. Registration: exporters  72 
95. Determination of registration applications  73 
96. Conditions of registration and annual charge  73 
97. Variation of sampling and inspection plan  74 
98. Cancellation of registration of reprocessors and exporters  75 
99. Records and reporting requirements for registered reprocessors and exporters  75 
 
CHAPTER 3  
Accreditation  
100. Prohibition on issuing PRNs and PERNs unless accredited  76 
101. Requirements for accreditation  76 
102. Applications for accreditation: reprocessors  77 
103. Applications for accreditation: exporters  77 
104. Applications for accreditation: general requirements  77  
 5 105. Determination of accreditation applications  78 
106. Conditions of accreditation  79 
107. Variation of accreditation  80 
108. Suspension and cancellation of accreditation  80 
 
PART 8  
Corporate Groups, Licensors and Pub Operating Businesses  
 
109. Packaging supplied by corporate groups  81 
110. Packaging supplied by licensors and their licensees, and by pub operating 
businesses and their tenants  81 
 
PART 9  
Appeals  
 
111. Interpretation  82 
112. Right of appeal: decisions of the appropriate agency and civil sanctions  82 
113. Right of appeal: disposal costs and scheme administrator costs  83 
114. Procedure on appeals  84 
115. Status pending appeal  84 
116. Determination of appeals  84 
 
PART 10  
Monitoring and enforcement  
CHAPTER 1  
Powers and duties of the appropriate agency  
117. Monitoring  85 
118. Powers to obtain information  85 
119. Monitoring plans and reports  86 
 
CHAPTER 2  
Powers and duties of the labelling authority  
120. Monitoring  86 
121. Power to require the production of information  86 
122. Power to purchase products  86 
123. Power to observe the carrying on of business  87 
124. Reports  87 
 
CHAPTER 3  
Powers of entry etc.  
125. Powers of entry etc.  87 
 
PART 11  
Offences and Civil Sanctions  
CHAPTER 1  
General  
126. Interpretation  88 
 
CHAPTER 2  
Offences and penalties  
127. Offences: producers  88  
 6 128. Offences: scheme operators  89 
129. Offences: reprocessors and exporters  89 
130. Further offences  90 
131. Penalties for offences  90 
132. Offences: supplementary  91 
 
CHAPTER 3  
Civil Sanctions  
133. Civil sanctions  91 
134. Civil sanctions: Scottish enforcement agencies  92 
135. Enforcement cost recovery notices  92 
136. Payment of penalties into Consolidated Fund etc  93 
137. Withdrawing or amending a notice  93 
138. Publication of enforcement action  94 
 
PART 12  
Miscellaneous and supplementary  
 
139. Policy statement  94 
140. Guidance and protocols  94 
141. Public register  95 
142. Database of reported information  95 
143. Fit and proper person test  96 
144. Approved persons  97 
145. Delegation of approved persons’ functions  98 
146. Delegation of approved persons’ functions: supplementary  98 
147. Information sharing  99 
148. Implementation of relevant deposit schemes  99 
149. Transitional and transitory provisions  100 
150. Consequential amendments  100 
151. Revocations  100 
152. Review  100 
 
 SCHEDULE 1  — Charges  100 
 SCHEDULE 2  — Information required for producer registration  103 
 SCHEDULE 3  — Insolvency events  104 
 SCHEDULE 4  — Producer reporting information  105 
 PART 1  — Interpretation  105 
 PART 2  — Descriptions of information  106 
 SCHEDULE 5  — Recycling obligations  108 
 SCHEDULE 6  — Compliance schemes  109 
 PART 1  — Contents of operational plan  109 
 PART 2  — Information required for compliance scheme registration  110 
 SCHEDULE 7  — The scheme administrator  111 
 SCHEDULE 8  — Reprocessors and exporters  117 
 PART 1  — Information for registration  117 
 PART 2  — Reporting requirements  118  
 7  PART 3  — Conditions of Accreditation  120 
 SCHEDULE 9  — Corporate Groups  124 
 PART 1  — General  124 
 PART 2  — Mid-year changes  127 
 SCHEDULE 10  — Licensors and Pub Operating Businesses  128 
 PART 1  — Licensors  128 
 PART 2  — Pub Operating Businesses  130 
 PART 3  — Interpretation  132 
 SCHEDULE 11  — Procedure on appeals  132 
 SCHEDULE 12  — Powers of entry etc.  134 
 SCHEDULE 13  — Civil sanctions  137 
 PART 1  — Application  137 
 PART 2  — Table of civil sanctions  137 
 PART 3  — Fixed Monetary Penalties  139 
 PART 4  — Variable monetary penalties  141 
 PART 5  — Compliance notices  142 
 PART 6  — Enforcement undertakings  143 
 SCHEDULE 14  — Public register  144 
 SCHEDULE 15  — Transitional and transitory provisions  145 
 SCHEDULE 16  — Consequential amendments  149 
 SCHEDULE 17  — Revocations  151 
These Regulations are made by the Secretary of State for Environment, Food and Rural Affairs in 
exercise of the powers conferred by sections 50, 51 , 52, 142(1) and (6) and 143(1)  of, and 
paragraphs 1 to 5, 7, and 12 to 19 of Schedule 4, paragraphs 1 to 9 and 11 to 17 of Schedule 5 and 
paragraphs 1, 4, and 7 to 13 of Schedule 6 to, the Environment Act 2021 (“the Act”) (a). 
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 of Agriculture, Environment and Rural Affairs in Northern Ireland has consented 
to the making of these Regulations in relation to Northern Ireland, in accordance with section 
50(3), 51(3) and 52(4) of the Act.  
In accordance with paragraph s 8 and 20 of Schedule 4, paragraph s 10 and 18 of Schedule 5 and 
paragraph s 5 and 14 of Schedule 6 to the Act, the Secretary of State has consulted those persons 
appearing to them to represent the interests of those likely to be affected.  
The Secretary of State is satisfied that the 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 section 143(5)(b) of the Act.  
 
 
(a) 2021 c. 30.   
 8 PART 1 
General  
Citation, commencement, extent and application  
1.—(1) These Regulations may be cited as the Producer Responsibility Obligations (Packaging 
and Packaging Waste) Regulations 202 4. 
(2) These Regulations come into force on [1st January 2025].  
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland and apply to 
England, Wales, Scotland and Northern Ireland.  
Interpretation  
2.—(1) In these Regulations — 
“the 1990 Act” means the Environmental Protection Act 1990( a); 
“the 2007 Regulations” means the Producer Responsibility Obligations (Packaging Waste) 
Regulations 2007( b); 
“the 2007 (NI) Regulations” means the Producer Responsibility Obligations (Packaging 
Waste) Regulations (Northern Ireland) 2007( c); 
“the 2023 Data Regulations” means — 
(a) the Packaging Waste (Data Reporting) (England) Regulations 2023( d); 
(b) the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 (e); 
(c) the Packaging Waste (Data Reporting) (Scotland) Regulations 2023( f); or 
(d) the Packaging Waste (Data Reporting) (No. 2) (Northern Ireland) Regulations 2023 (g); 
“administration fee” has the meaning given in regulation 65(1) ; 
“appropriate agency” has the meaning given in regulation 5; 
“appropriate authority” means — 
(a) the Secretary of State in relation to England;  
(b) the Welsh Ministers in relation to Wales;  
(c) the Scottish Ministers in relation to Scotland;  
(d) DAERA in relation to Northern Ireland;  
“approved person” means a person notified by a producer, scheme operator, reprocessor or 
exporter to  the appropriate agency under regulation 144 as their approved person for the 
purposes referred to  in that regulation;  
“assessment year” has the meaning given in regulation  65(1) ; 
“binned packaging waste” means packaging which is collected from public bins by relevant 
authorities and which is — 
(a) in England, Wales or Scotland, any litter or refuse collected under section 89(1)(a), (c) or 
(f) of the 1990 Act( h); 
 
(a) 1990 c. 43.  
(b) S. I. 2007/871.  
(c) S.R. 2007 No. 198.  
(d) S.I. 2023/219 , amended by S.I. 2023/721 and 2024/359 . 
(e) S.I. 2023/798 (W.  127), amended by S.I. 2024/400 (W. 72) . 
(f) S.S.I. 2023/7 , amended by S.S.I. 2023/160 and 2024/42 . 
(g) S.R. 2023 No. 25 , amended by S.R. 2023 No. 106 and 2024 No . 80. 
(h) There are amendments to section 89 which are not relevant to these Regulations.   
 9 (b) in Northern Ireland, litter collected under Articles 7(1)(a)  or (5) , 12(10) or 12C(3) of the 
Litter (Northern Ireland) Order 1994( a); 
“body corporate” includes an LLP;  
“brand” means a brand name, trade mark or other distinctive mark;  
“branded packaging” means packaging on which a brand owner’s brand appears ; 
“brand owner” has the meaning given in regulation  16(1) ; 
“charging scheme” means a charging scheme referred to in paragraph 9 of Schedule 1; 
“commonly binned or littered items” means items on the list of commonly binned or littered 
items of packaging compiled by the scheme administrator under  paragraph 9 of Schedule 7; 
“compliance scheme” means a scheme whose members for the time being are  (or would be if 
the scheme were registered in accordance with these Regulations) , by virtue of these 
Regulations and their membership of that scheme, exempt from certain producer responsibility 
obligations, and a “registered compliance scheme” is a compliance scheme which is registered 
in accordance with these Regulations ; 
“consumer” means an individual acting for purposes which are outside that individual’s trade, 
business, craft or profession;  
“corporate group” means a holding company and its subsidiaries;  
“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern 
Ireland;  
“deposit item” means a deposit item for the purposes of a relevant deposit scheme, and 
includes in relation to a relevant deposit scheme in Scotland — 
(a) packaging which is scheme packaging under the Deposit and Return Scheme for Scotland 
Regulations 2020( b); or 
(b) returnable packaging as provided for in regulations made under section 84 of the Climate 
Change (Scotland) Act 2009( c); 
“disposal” has the meaning given in Article 3(19) of the Waste Directive;  
“disposal costs” has the meaning given in regulation 65(1) ; 
“disposal fee”  has the meaning given in regulation 65(1) ; 
“distributor” has the meaning given in regulation 19(1) ; 
“drink” has the meaning given in regulation 6; 
“drink container” means a bottle or can which — 
(a) contains or used to contain drink;  
(b) is made wholly or mainly from polyeth ylene terephthalate (PET) plastic, glass, steel or 
aluminium ; 
(c) has a capacity of at least 150 millilitres but no more than three litres of liquid ; 
(d) is designed or intended to be sealed in an airtight and watertight state at the point of 
supply to a consumer in the United Kingdom;  and 
(e) is not conceived, designed or marketed to be refilled or reused in any other way by any 
person , 
together with any label applied to  it and its  lid or other closures;  
“enforcement agency” has the meaning given in regulation  126; 
“established in the United Kingdom” is to be interpreted in accordance with regulation 4; 
 
(a) S.I. 1994/1896 (N.I. 10). Article 12C was inserted by Schedule 2 to the Clean Neighbourhoods and Environment Act 
(Northern Ireland) 2011 (c. 23).  
(b) S.S.I. 2020/154, amended by S.S.I. 2022/76 and 2023/201.  
(c) 2009 asp 12.   
 10 “exempt packaging” means packaging which is exempt in relation to a producer in accordance 
with regulation 11; 
“exporter” has the meaning given in regulation 92(1) ; 
“fibre -based composite material” means packaging material which is made of paperboard or 
paper fibres, with a layer of plastic, and which may also have layers of other materials, to form 
a single unit that cannot be separated by hand;  
“first UK owner” has the meaning given in regulation 18(1)(b) ; 
“financial year”, in relation to the scheme administrator, a relevant authority or the appropriate 
agency, means a period from 1st April to the following 31st March;  
“fit and proper person” means a person whom the appropriate agency has determined is a fit 
and proper person in accordance with regulation  143; 
“ground litter” means litter collected by relevant authorities in discharge of their duties under 
section 89(1)(a), (c) or (f) of the 1990 Act, or under Article 7(1)(a) or (e) of the Litter 
(Northern Ireland) Order 1994, but does not include in either case any binned packaging 
waste;  
“group registration” means a registration with the appropriate agency under paragraph 3(b) of 
Schedule 9 of a holding company and one or more subsidiaries  which are producers ; 
“holding company” has the same meaning as in section 1159 (1) of the Companies Act 
2006( a), read with section 1159(4) of, and Schedule 6 to, that Act ; 
“household packaging” has the meaning given in regulation 8; 
“household packaging waste” has the meaning given in regulation 9; 
“importer” has the meaning given in regulation 18(1)(a) ; 
“issue” , in relation to a PRN or PERN , has the meaning given in regulation 92(1) ; 
“labelling authority” has the meaning given in regulation  34; 
“large producer” has the meaning given in regulation 23(a) ; 
“liable producer ” has the meaning given in regulation 65(1) ; 
“licensor” has the meaning given in paragraph 1 of Schedule 10;  
“LLP” means a limited liability partnership registered under the Limited Liability Partnerships 
Act 2000( b); 
“medical packaging” has the meaning given in paragraph (2);  
“NRW” means the Natural Resources Body for Wales;  
“online marketplace”  has the meaning given in paragraph ( 3); 
“online marketplace operator” has the meaning given in regulation  20(1) ;  
“overseas reprocessing site”  has the meaning given in regulation 92(1) ; 
“packaging” has the meaning given in regulation 7; 
“packaging category” , in relation to packaging and packaging materials,  means one of the 
categories referred to in regulation 7(4); 
“packaging litter” means any packaging which has become litter;  
“packaging materials” means materials used in the manufacture of packaging and includes raw 
materials and processed materials prior to their conversion into packaging;  
“packaging sub -category” means a subdivision of a packaging category specified by the 
scheme administrator under regulation  7(10) ; 
“packaging waste” means any packaging or packaging material which is waste, but does not 
include packaging which is discarded and becomes waste outside the United Kingdom;  
 
(a) 2006 c. 46.  Section 1159(4) provides that in that section and Schedule 6 “company” includes any body corporate.  
(b) 2000 c .12.   
 11 “packer/filler”  has the meaning given in regulation 17(1) ; 
“partnership” means a partnership within the meaning of the Partnership Act 1890 (a) or a 
limited partnership under the Limited Partnerships Act 1907( b), but does not include an LLP;  
“PERN” has the meaning given in regulation 92(1) ; 
“primary packaging” has the meaning given in regulation 7(1)(a) ; 
“PRN” has the meaning given in regulation 92(1) ; 
“producer” has the meaning given in regulation  15(1) ; 
“producer responsibility obligations” means the obligations in paragraphs (1) to (3) of  
regulation  25; 
“public bin” means a receptacle for waste material — 
(a) maintained by a relevant authority in a street or public place, and  
(b) designed to collect waste material to be sent for recovery or disposal;  
“pub operating business” has the meaning given in paragraph 8 of Schedule 10;  
“recovery”, except in regulation 6(3), has the meaning given in Article 3(15) of the Waste 
Directive;  
“recyclable” in relation to packaging or packaging materials, means any packaging which is, 
or packaging materials which are, capable of being recycled;  
“recyclability”, in relation to packaging, is the quality of being recyclable;  
“recyclability assessment” means an assessment of the recyclability of packaging supplied by 
a producer;  
“recycling” has the meaning given in Article 3(17) of the Waste Directive, and “recycle” is to 
be construed accordingly;  
“recycling obligations” means the obligations in regulation s 25(2)(a)  and 48 and Schedule 5; 
“relevant authority” means — 
(a) a waste collection authority;  
(b) a waste disposal authority;  
(c) a district council established under section 1 of the Local Government Act (Northern 
Ireland) 1972( c); 
(d) the Council of the Isles of Scilly;  
“relevant deposit scheme” means — 
(a) a deposit scheme established in regulations made under Schedule 8 to the Environment 
Act 2021; or  
(b) a deposit and return scheme established in the Deposit and Return Scheme for Scotland 
Regulations 2020 or in regulations made under section 84 of the Climate Change 
(Scotland) Act 2009,  
which is in operation in any part of the United Kingdom;  
“relevant group member ” has the meaning given in  paragraph 1 of Schedule 9;   
“relevant year”, in relation to a person, means a calendar year in respect of the whole or any 
part of which that person is a producer;  
“reporting period”, in relation to any information specified in regulation 43 , 44 or 45 that is to 
be reported to the appropriate agency, or information specified in regulation 46 that is to be 
reported to the Environment Agency, means  a period specified in that regulation  for which 
that information is required to be reporte d by, or in relation to, a producer ;  
 
(a) 1890 c. 39.  
(b) 1907 c. 24.  
(c) 1972 c. 9 (N.I.).   
 12 “reprocessing site”  and “reprocessor” have the meanings given in regulation 92(1) ; 
“reuse” means any operation by which products or components that are not waste are used 
again for the same purpose for which they were conceived;  
“reusable packaging” means packaging which has been designed to be used multiple times by 
being refilled or reused for the same purpose for which it was conceived;  
“scheme administrator” means the person appointed pursuant to regulation  66; 
“scheme operator” means the operator of a compliance scheme;   
“secondary packaging” has the meaning given in regulation 7(1)(b) ; 
“seller” has the meaning given in regulation 22(1) ; 
“SEPA” means the Scottish Environment Protection Agency;  
“service provider” has the meaning given in regulation 21(1) ; 
“shipment packaging” has the meaning given in regulation 7(1)(d) ; 
“SIC code” means a code included in “Indexes to the UK Standard Industrial Classification of 
Economic Activities 2007” published by the Office for National Statistics in 2009, as those 
indexes are amended from time to time (a); 
“small producer”  has the meaning given in regulation 23(b) ; 
“subsidiary” has the same meaning as in section 1159 (1) of the Companies Act 2006 , read 
with section 1159(4) of, and Schedule 6 to, that Act ; 
“supply” , in relation to packaging,  has the meaning given in regulation 10; 
“tertiary packaging” has the meaning given in regulation 7(1)(c) ; 
“trade mark” has the same meaning as in the Trade Marks Act 1994( b) (see section 1 of that 
Act);  
“turnover” means, in relation to a person, their turnover as defined in section 539 of the 
Companies Act 2006( c) but as if the references to a company were references to that person;  
“waste” has the meaning given in Article 3(1) of the Waste Directive, read with Articles 5 and 
6 of that Directive;  
“waste collection authority” has the meaning given in section 30(3) of the 1990 Act( d); 
“the Waste Directive” means Directive 2008/98/EC of the European Parliament and of the 
Council on waste( e), as last amended by Directive (EU) 2018/851( f), and as read in 
accordance with regulation 3 ; 
“waste disposal authority” has the meaning given in section 30(2) of the 1990 Act;  
“waste income” means the income earned by a relevant authority through the sale of 
household packaging waste for recycling, other recovery operations or disposal.  
(2) In these Regulations, “medical packaging” means immediate packaging or outer packaging 
on a medicinal product, a veterinary medicinal product or a medical device, and for the purposes 
of this definition — 
(a) “immediate packaging”, “outer packaging” and “medicinal product” have the meanings 
given in regulations 2 and 8 of the Human Medicines Regulations 2012( g); 
 
(a) The Indexes are published online by the Office for National Statistics at: 
https://www.ons.gov.uk/methodology/classificationsandstandards/ukstandardindustrialclassificationofeconomicactivities/uk
and information on how to obtain  a hard copy may be obtained by contacting the Office for National Statistics, 
Classifications and Harmonisation Unit, Government Buildings, Cardiff Road, Newport, South Wales NP10 8XG (tel: 
+44(0)1329 444970 email: classifications.helpdesk@ons.gsi.gov.uk.  
(b) 1994 c. 26.  
(c) 2006 c. 46. There are amendments to section 539 which are not relevant to these Regulations.  
(d) 1990 c. 43. There are amendments to section 30 which are not relevant to these Regulations.  
(e) OJ L312, 22.11.2008, p. 3.  
(f) OJ L150, 14.6.2018, p. 109.  
(g) S.I. 2012/1916. There are amendments to regulation 8 which are not relevant to these Regulations.   
 13 (b) “medical device” has the meaning given in regulation 2(1) of the Medical Devices 
Regulations 2002( a); and  
(c) “veterinary medicinal product” has the meaning given — 
(i) in England, Wales and Scotland, in regulation 2(1) of the Veterinary Medicines 
Regulations 2013( b); and  
(ii) in Northern Ireland, in Article 4(1) of Regulation (EU) 2019/6 of the European 
Union and of the Council on veterinary medicinal products( c). 
(3) In these Regulations, “online marketplace” means a website or mobile application which 
facilitates the sale or other supply of goods through the website or mobile application  by persons 
other than the operator, whether or not the operator also supplies goods through the online 
marketplace , and for the purposes of this definition — 
(a) a “website or mobile application” includes any other means by which information is made 
available on the internet;  
(b) an online marketplace facilitates the sale or other supply of goods if it allows a person 
to— 
(i) offer goods for sale or offer to supply goods otherwise than by sale ; and 
(ii) enter into a contract for the sale or other supply of those goods ; 
(c) “the operator” means the online marketplace operator.  
(4) In these Regulations, a reference to any EU regulation or EU tertiary legislation is a 
reference to that regulation or legislation as it is amended by domestic law in any part of the 
United Kingdom from time to time.  
Modification of the Waste Directive  
3.—(1) For the purposes of  these Regulations , the Waste Directive is to be read in accordance 
with paragraphs (2) to (4). 
(2) A reference to one or more member States in a provision of the Waste Directive imposing an 
obligation or conferring a discretion on a member State or member States is to be read as a 
reference to the authority, agency or local authority which, immediately before IP completion day, 
was responsible for the United Kingdom’s compliance with that obligation or able to exercise that 
discretion.  
(3) Article 5 is to be read as if — 
(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were 
omitted;  
(b) after paragraph 1 there were inserted — 
“1A. Any decision as to whether a substance or object is a by -product must be made — 
(a) in accordance with any regulations setting out detailed criteria on the application 
of the conditions in paragraph 1 to specific substances or objects ; and 
(b) having regard to any guidance published by the appropriate authority or the 
appropriate agency for the purposes of this Article. ”; 
(c) paragraphs 2 and 3 were omitted.  
(4) Article 6 is to be read as if — 
(a) in paragraph 1, “Member States shall take appropriate measures to ensure that” were 
omitted;  
(b) after paragraph 1 there were inserted — 
 
(a) S.I. 2002/618, amended by S.I. 2008/2936 and, in relation to Northern Ireland, by S.I. 2021/905. There are other 
amendments to regulation 2(1) which are not relevant to these Regulations.  
(b) S.I. 2013/2033.  
(c) OJ L 4, 7.1.2019, p. 43.   
 14 “1A. Any decision as to whether a substance or object has ceased to be waste must be 
made — 
(a) in accordance with any regulations or retained direct EU legislation setting out 
detailed criteria on the application of the conditions in paragraph 1 to specific 
types of waste ; and 
(b) having regard to any guidance published by the appropriate authority or the 
appropriate agency for the purposes of this Article. ”; 
(c) in paragraph 2 — 
(i) the first subparagraph were omitted;  
(ii) in the second subparagraph, for “Those detailed criteria” there were substituted “Any 
detailed criteria set out in guidance as referred to in paragraph 1A”;  
(iii) the third and fourth subparagraphs were omitted;  
(d) paragraph 3 were omitted;  
(e) in paragraph 4 — 
(i) in the first subparagraph — 
(aa) in the first sentence, for the words from the beginning to “Member State”, 
there were substituted “Where criteria have not been set out as referred to in 
paragraph 1A(a), the appropriate agency”;  
(bb) the second sentence were omitted;  
(ii) in the second subparagraph — 
(aa) for “Member States” there were substituted “The appropriate agency”;  
(bb) “by competent authorities” were omitted.  
Establishment in the United Kingdom  
4.—(1) For the purposes of these Regulations, a person is established in the United Kingdom 
if— 
(a) that person is habitually resident in the United Kingdom ; 
(b) the registered office of that person, or if they do not have a registered office, their head 
office or principal place of business, is in the United Kingdom ; or 
(c) subject to paragraph ( 2), the person has a branch or postal address in the United 
Kingdom.  
(2) Paragraph ( 1) applies as if sub -paragraph (c) were omitted  for the purposes of Part 7 
(reprocessors and exporters).  
Appropriate agency  
5.—(1) In these Regulations, “appropriate agency” means — 
(a) for the purposes of any provision of these Regulations relating to the exercise of the 
functions of the appropriate agency in England, the Environment Agency;  
(b) for the purposes of any provision of these Regulations relating to the exercise of the 
functions of the appropriate agency in Scotland, SEPA;  
(c) for the purposes of any provision of these Regulations relating to the exercise of the 
functions of the appropriate agency in Wales, NRW;  
(d) for the purposes of any provision of these Regulations relating to the exercise of the 
functions of the appropriate agency in Northern Ireland, DAERA.  
(2) For the purposes of any provision of these Regulations relating to the obligations of  a 
producer, a scheme operator or an exporter , “appropriate agency” means —  
 15 (a) the agency specified in paragraph (1) in relation to  the nation of the United Kingdom 
where, on the registration date , that person’s registered office, or if that person is not a 
body corporate  registered in the United Kingdom, its head office or principal place of 
business in the United Kingdom, is located ; or 
(b) where , on the registration date , the person does not have a registered office, head office or 
principal place of business in the United Kingdom , the Environment Agency, SEPA, 
NRW or DAERA at the election of that person . 
(3) For the purposes of any provision of these Regulations relating to the obligations of a 
reprocessor, “appropriate agency” means, in relation to each reprocessing site operated by the 
reprocessor, the agency specified in paragraph (1) in relation to the nation of the United Kingdom 
in which that reprocessing site is located . 
(4) A person must  make one election for the purposes of paragraph (2)(b) by giving notice in 
writing to the appropriate agency concerned, and that election may not be changed.  
(5) When an appropriate agency receives notice of an election under paragraph ( 4), that agency 
must notify each other appropriate agency in the United Kingdom.  
(6) For the purpose of paragraph (2), the “registration date” is the date by which the producer, 
scheme operator or exporter concerned is required to submit an application for registration under 
regulation  36, 59 or 94, as applicable.  
Drink  
6.—(1) For the purposes of these Regulations, “drink” means — 
(a) water suitable for human consumption ; 
(b) a beverage suitable for human consumption ; 
(c) a sports drink suitable for human consumption ; or 
(d) a liquid which constitutes a beverage or sports drink suitable for human consumption if it 
is— 
(i) diluted ; 
(ii) combined with crushed ice, or processed so as to create crushed ice ; 
(iii) combined with carbon dioxide ; or 
(iv) prepared by way of a process that involves any combination of the processes 
mentioned in paragraphs (i) to (iii),  
such as  fruit squash or fruit cordial.  
(2) Paragraph (1)(d)  does not include any liquid which is used only — 
(a) to add flavour to, or enhance the flavour of, a beverage or sports drink suitable for human 
consumption ; or 
(b) to sweeten a beverage or sports drink suitable for human consumption,  
such as  coffee flavouring syrup, sugar syrup or hot sauce.  
(3) “Sports drink” means a liquid which is advertised or marketed as a product to enhance 
physical performance, accelerate recovery after exercise or increase muscle mass , or other similar 
liquid.  
Packaging and packaging categories  
7.—(1) For the purposes of these Regulations, “ packaging”, means all products made of any 
materials of any nature to be used for the containment, protection, handling, delivery and 
presentation of goods, from raw materials to processed goods, from the producer to the user or the 
consumer, including non -returnable items used for the same purposes, but only where the products 
are— 
(a) primary packaging, which is packaging conceived so as to constitute a sales unit to the 
final user or consumer at the point of purchase;   
 16 (b) secondary packaging, which is packaging conceived so as to constitute at the point of 
purchase a grouping of a certain number of sales units whether the latter is supplied as 
such to the final user or consumer or whether it serves only as a means to replenish the 
shelves at the point of sale; it can be removed from the product without affecting the 
product’s characteristics;  
(c) tertiary packaging, which is not shipment packaging and which is packaging conceived so 
as to facilitate handling and transport of a number of sales units or secondary packaging 
in order to prevent damage from physical handling and transport damage, and for the 
purposes of these Regulations, tertiary packaging does not include road, rail, ship and air 
containers;  
(d) shipment packaging, which is packaging in addition to primary packaging on items which 
are sold online or by mail order which are either delivered direct to the purchaser or 
collected by the purchaser from a shop or other collection point after they have been 
purchased.  
(2) The following items are also to be treated as packaging on the basis of the criteria set out 
below — 
(a) items that fulfil the definition in paragraph (1), without prejudice to other functions which 
the item may perform, unless the item is an integral part of a product and it is necessary to 
contain, support or preserve that product throughout its lifetime and all elements are 
intended to be used, consumed or disposed of together;  
(b) items designed and intended to be filled at the point of sale and disposable items sold, 
filled or designed and intended to be filled at the point of sale, provided they fulfil a 
packaging function described in paragraph (1);  
(c) packaging components and ancillary elements integrated into packaging are considered to 
be part of the packaging into which they are integrated, and ancillary elements hung 
directly on, or attached to, a product which performs a packaging function are considered 
to be packaging unless they are an integral part of the product and all elements are 
intended to be used, consumed or disposed of together.  
(3) Schedule 5 to the Packaging (Essential Requirements) Regulations 2015 (a) contains 
illustrative examples of the application of the criteria set out in paragraph (2).  
(4) For the purpose of these Regulations, packaging and packaging waste is to be treated, subject 
to paragraphs (5) and (6), as falling into one of the following packaging categories, depending on 
the material from which the packaging is made — 
(a) aluminium ; 
(b) fibre -based composite materials ; 
(c) glass ; 
(d) paper or board ; 
(e) plastic ; 
(f) steel; 
(g) wood ; or 
(h) other materials.  
(5) Paragraphs (6) to (14) apply for the purposes of any — 
(a) calculations, assessments or modulations to be made under Part 6; and  
(b) descriptions in Schedule 4 of information to be collected and reported by or on behalf of 
producers.  
(6) Where an item of packaging consists of two or more components (for example, a jar, its lid 
and its label) which are made of different materials referred to in paragraph (4) (“paragraph (4) 
materials”), each component is to be treated separately, unless paragraph (6) applies.  
 
(a) S.I. 2015/1640.   
 17 (7) Where an item of packaging referred to in paragraph (6) is a drink container and the 
component which is predominant by weight (“the predominant component”) is made of any 
paragraph (4) material other than glass, the whole of the drink container is to be treated as made of 
the same material as the predominant component.  
(8) Where an individual component of an item of packaging, or the whole item of packaging if it 
does not consist of different components, is composed of a combination of paragraph (4) 
materials, that component or item is to be treated as made of the material which is predominant by 
weight, unless paragraph (9) applies.  
(9) Where a component or item of packaging referred to in paragraph (8) is composed of a 
combination of paragraph (4) materials in equal proportions by weight, each of those materials is 
to be treated separately.  
(10) The scheme administrator may  specify packaging sub -categories by sub -dividing the 
packaging categories listed in paragraph (4) . 
(11) The scheme administrator may exercise the power in paragraph ( 10) by— 
(a) specify ing different packaging sub -categories for the purposes of different provisions ; 
and 
(b) specifying, for the purposes of a ny of those  provision s— 
(i) packaging sub -categories which are to apply only in relation to one or more specified 
classes of producers ; or  
(ii) different packaging sub -categories in relation to different classes of producers . 
(12) A specification made under paragraph ( 10) must , subject to paragraph ( 13)— 
(a) be published at least 12 months before it applies ; and 
(b) apply for one or more full calendar years.  
(13) Paragraph ( 12) does not apply in relation to specifications applying to the 20 25 and 20 26 
calendar years, which must be published as soon as possible after these Regulations come into 
force.  
(14) The scheme administrator must publish each year a list of any packaging sub -categories 
specified under paragraph ( 10), including for each packaging sub -category — 
(a) the packaging category of which it is a sub -division;  
(b) the provisions to which that packaging sub -category is relevant;  
(c) where applicable, the classes of producer to which that packaging sub -category applies ; 
(d) the calendar years for which that packaging sub -category applies;  
and any amendments to that list, in the way appearing to the scheme administrator to be most 
appropriate for the purpose of bringing it to the attention of producers and other persons appearing 
to the scheme administrator to have an interest.  
Household packaging  
8.—(1) In these Regulations, “household packaging” , except in the expression “household 
packaging waste”,  means  any primary packaging or shipment packaging other than — 
(a) packaging  supplied by a producer in relation to which the conditions in paragraph (2) or 
the conditions in paragraph (3) are satisfied ; and 
(b) packaging imported by an importer and discarded in the United Kingdom by that 
importer . 
(2)  The conditions in this paragraph are that — 
(a) the packaging has been supplied directly by a producer to a business or a public 
institution; and  
(b) that business or public institution does not supply to any other person — 
(i) the packaging ; or  
 18 (ii) the product which the packaging contains in its packaged form . 
(3) The conditions in this paragraph are that  the packaging —  
(a) is for a business product; and  
(b) is not reasonably likely to be disposed of in a household bin or public bin . 
(4) For the purposes of paragraph (2) (b)(ii) , a product which is supplied to another person is to 
be treated as being supplied in its packaged form unless all packaging is removed from the product 
before it is  supplied . 
(5) For the purposes of paragraph (3)(a), packaging is for a business product if it is — 
(a) supplied with a business product; or  
(b) unfilled packaging which — 
(i) is made for use with a business product; and  
(ii) the supplier of the packaging has evidence will be used with a business product.  
(6) In this regulation — 
“business product” means a product which is designed only for use by a business or a public 
institution;  
“household bin” means a receptable designed to collect waste material from a household 
which is not a business or a public institution;  
“public institution” means — 
(a) a school, university or other educational establishment;  
(b) a hospital or the practice of a general medical practitioner or dentist;  
(c) a nursing home or other residential home;  
(d) a government department;  
(e) a relevant authority;  
(f) a court  or tribunal ; 
(g) a person who discharge s public functions  under any enactment ; 
(h) a charity or not for profit body; or  
(i) a penal institution.  
(7) For the purposes of the definition of “public institution” in paragraph ( 6)— 
“charity” has the same meaning as in regulation 12; 
“dentist” means a person registered in the dentists register kept under section 14(1) of the 
Dentists Act 1984 (a); 
“general medical practitioner” means a person registered in the General Practitioner Register 
kept by the General Medical Council under section 34C of the Medical Act 1983 (b); 
“government department” includes — 
(a) any part of the Scottish Administration;  
(b) a Northern Ireland department;  
(c) the Welsh Government;  
“not for profit body” means a body which, by virtue of its constitution or any enactment — 
(d) is required , after payment of outgoings , to apply for charitable or public purposes the 
whole of its income and any capital which it expends; and  
(e) is prohibited from directly or indirectly distributing among its members any part of its 
assets otherwise than for charitable or public purposes.  
 
(a) 1984 c. 24; relevant amending instruments are S.I. 2005/2011, 2007/3101 and 2019/593.  
(b) 1983 c. 54. Section 34C was inserted by S.I. 2010/234.   
 19 Household packaging waste  
9.—(1) In these Regulations, “household packaging waste” means packaging waste which is 
household waste, but does not include — 
(a) any waste for which a collection charge may be made by a relevant authority under  
regulations made under section 45 (3) of the 1990 Act or  Article 20 (3) of the Waste and 
Contaminated Land (Northern Ireland) Order 1997 (a);  
(b) any waste from a place of worship ;  
(c) any ground litter or binned packaging waste ; or 
(d) any packaging waste which is discarded together with food waste in a receptacle for food 
waste where th e food waste in that receptacle is collected separately from other household 
waste by the relevant authority  collecting th at waste . 
(2) In this regulation — 
“food waste” — 
(a) in relation to England, means waste that — 
(i) at any time before becoming waste, was  food; or 
(ii) is biodegradable waste arising from the processing or preparation of food,  
and for these purposes “food” means food intended for human consumption but does not 
include drink;  
(b) in relation to Wales, has the meaning given in section 34D( 5) of the 1990 Act as it applies 
in Wales (b); 
(c) in relation to Scotland, has the meaning given in section 75(7B) of the 1990 Act as it 
applies in Scotland (c); 
(d) in relation to Northern Ireland, has the meaning given in Article 2(2) of the Waste and 
Contaminated Land (Northern Ireland) Order 1997 (d); 
“household waste” has the meaning given by — 
(a) in Scotland, section 75 of the 1990 Act (e), read with the Controlled Waste Regulations 
1992 (f); 
(b) in England and Wales, section 75 of the 1990 Act (g), read with the Controlled Waste 
(England and Wales) Regulations 2012 (h); 
(c) in Northern Ireland, Article 2(1) of the Waste and Contaminated Land (Northern Ireland) 
Order 1997, read with the Controlled Waste and Duty of Care Regulations (Northern 
Ireland) 2013 (i); 
“place of worship” means — 
(a) in England and Wales, a hereditament or premises exempted from local non -domestic 
rating by virtue of paragraph 11 of Schedule 5 to the Local Government Finance Act 
1988 (places of worship etc.) (j); 
(b) in Scotland, a hereditament or premises exempted from local non -domestic rating by 
virtue of section 22 of the Valuation and Rating (Scotland) Act 1956 (churches etc.) (a); 
 
(a) S.I. 1997/2778 (N.I. 19).  
(b) Section 34D was inserted into the 1990 Act , in relation to Wales,  by section 66(1) of the Environment (Wales) Act 2016 
(anaw 3).  
(c) Subsection (7B) was inserted into the 1990 Act , in relation to Scotland,  by S.S.I. 2012/148.  
(d) The definition of “food waste” was inserted into Article 2(2) by S.R. 2015 No. 14.  
(e) Relevant amendments to s ection 75 in relation to Scotland have been made by paragraph 17 of Schedule 3 to the Regulation 
of Care (Scotland) Act 2001 (asp 8) and S.S.I. 2005/22.  
(f) S.I. 1992/588.  
(g) Section 75 has been amended in relation to England and Wales by S.I. 2006/937.  
(h) S.I. 2012/811.  
(i) S.R. 2013 No. 255, amended by S.R. 2014 No. 117, S.R. 2018 No. 200, S.I. 2019/289 and S.R. 2020 No. 285.  
(j) 1998 c. 41. Paragraph 11 was amended by paragraph 3 of Part 1 of Schedule 10 to the Local Government Finance Act 1992 
(c. 114).   
 20 (c) in Northern Ireland, any hereditament which is distinguished as exempt from rates by 
virtues of Article 41(2)(b) of the Rates (Northern Ireland) Order 1977 (b) in so far as it 
relates to purposes connected with public religious worship . 
Supply  
10.—(1) For the purposes of  these Regulations —  
(a) a supply of packaging is made where the owner of the packaging does any of the 
following, either themselves or through an agent acting on their behalf — 
(i) sells, hires or lend s the packaging ; 
(ii) provid es the packaging in exchange for any consideration other than money ; 
(iii) provid es the packaging in, or in connection with, the performance of any statutory 
function ; or 
(iv) gives the packaging as a prize or otherwise mak es a gift  of it; 
(b) subject to regulation 28(6) , a supply of packaging is also to be treated as being made 
where the packaging is discarded in the cases referred to in paragraph (6) . 
(2) For the purposes of these Regulations, where a supply of packaging is made as described in 
paragraph (1)(a), the person who “supplies” the packaging is the person referred to in paragraph 
(1)(a), except where a different person is treated as supplying the packaging under paragraph (3) 
or (5).  
(3) Where a supply of  branded packaging  is made as described in paragraph (1)(a) , except in the 
cases in paragraph ( 4) the brand owner is to be treated as supplying that packaging even if the 
person referred to  in paragraph (1)(a)  is not the brand owner.  
(4) Paragraph ( 3) does not apply — 
(a) where the brand owner for the packaging is the brand owner by virtue of regulation 
16(1)(b) ; 
(b) in relation to any packaging which is imported into the United Kingdom by — 
(i) an importer, unless the importer is acting as an agent for the brand owner ; or 
(ii) an online marketplace operator ; or 
(c) in relation to any reusable packaging supplied by a service provider.  
(5) Where a supply of packaging is made on an online marketplace, and the person referred to in 
paragraph (1) (a) is not established in the United Kingdom, the online marketplace operator is to be 
treated  as supplying that packaging.  
(6) Subject to regulation 28(6) , where a brand owner,  importer or first UK owner discards in the 
United Kingdom any packaging which is specified in paragraph ( 7) in relation to that class of 
producer , that producer is to be treated as supplying that packaging . 
(7) The packaging referred to in paragraph ( 6) is— 
(a) in relation to a brand owner, branded packaging which — 
(i) is imported into the United Kingdom by the brand owner  or by another person on 
behalf of the brand owner ; and  
(ii) is not supplied to any person before being  discarded;   
(b) in relation to  an importer, packaging which is imported into the United Kingdom by the 
importer;  
(c) in relation to  a first UK owner , packaging which — 
(i) has not been supplied before coming into the ownership of the first UK owner; and  
(ii) is not supplied to any person by the first UK owner before being  discarded . 
 
(a) 1956 c. 60. Section 22 was substituted by paragraph 10 of Schedule 13 to the Local Government Finance Act 1992 (c. 114).  
(b) S.I. 1997/2157 (N.I. 28).   
 21 Exempt packaging  
11.—(1) Packaging is exempt packaging in relation to a producer (“P”) for the purposes of these 
Regulations, where the packaging is— 
(a) reused packaging , other than  reused packaging imported into the United Kingdom;  
(b) any packaging exported from the United Kingdom by P, including packaging exported 
through an agent acting on P’s behalf or which to P’s reasonable knowledge were 
otherwise exported from the United Kingdom , other than  any packaging exported from 
the United Kingdom to a marine installation ; 
(c) packaging which is a deposit item for the purposes of a relevant deposit scheme . 
(2) In paragraph ( 1)(b), “marine installation” means any artificial island, installation or structure 
at sea, other than a vessel . 
Exclusion of charities  
12. These Regulations do not apply to a charity, and for these purposes, “charity” means — 
(a) anything which is a charity — 
(i) within the meaning of section 1(1) of the Charities Act 2011 (a) or section 1(1) of the 
Charities Act (Northern Ireland) 2008 (b); or 
(ii) for the purposes of section 202 of the Corporation Tax Act 2010 (c); and 
(b) any body entered in the Scottish Charity Register under the Charities and Trustee 
Investment (Scotland) Act 2005 (d). 
Charges for applications etc.  
13.—(1) The charges specified in paragraphs 2 to 6  of Schedule 1 apply for the matters set out 
there, subject to the provisions in paragraphs 7 to 9  of Schedule 1. 
(2) Any reference in these Regulations to a charge in a paragraph of Schedule 1 means the 
charge specified in that paragraph (“the specified charge”), except that — 
(a) where the specified charge is abated under paragraph 7 of Schedule 1, the reference 
means the amount, if any, that is payable after such abatement;  
(b) where the specified charge has been increased for inflation under paragraph 8 of Schedule 
1, the reference means the charge as so increased;  
(c) where the specified charge has been superseded by a charge specified in a charging 
scheme as referred to in paragraph 9 of Schedule 1, the reference means the charge 
payable under that charging  scheme.  
Electronic documents etc.  
14. In these Regulations — 
(a) any document which is to be provided or given to any person may be provided or given to 
that person by electronic means if the document is capable of being reproduced by that 
person in legible form;  
(b) any requirement to make, keep or retain a record or to maintain a register may be satisfied 
in electronic form if the text is capable of being produced by the person subject to the 
requirement in a legible documentary form;  
 
(a) 2011 c. 25.  
(b) 2008 c. 12 (N.I.).  
(c) 2010 c. 4. Section 202 has been amended by paragraph 27(2) of Schedule 6 to the Finance Act 2010 (c. 13), section 35(5) of 
the Finance Act 2014 (c. 26) and S.I. 2012/964.  
(d) 2005 asp 10.   
 22 (c) any requirement for a signature may be satisfied by an electronic signature incorporated 
into the document and , for these purposes, “electronic signature” means data in electronic 
form which is attached to or logically associated with other data in electronic form and 
which is used by the signatory to sign.  
PART 2 
Producers and obligations  
CHAPTER 1 
Classes of producer  
Producers  
15.—(1) A person is a producer for the purposes of these Regulations if the person — 
(a) is established in the United Kingdom;  
(b) is one or more of the following (referred to in these Regulations as classes of producer) — 
(i) a brand owner ; 
(ii) a packer/filler ; 
(iii) an importer or first UK owner ; 
(iv) a distributor ; 
(v) an online marketplace operator ; 
(vi) a service provider ; or 
(vii) a seller; and  
(c) performs the functions in relation to packaging specified in such of regulations 16 to 22 
as apply to that class or those classes of producer — 
(i) in the United Kingdom;  
(ii) in the course of business;  and 
(iii) either themselves or through an agent acting on their behalf . 
(2) Regulations 16 to 22— 
(a) give the meanings of the expressions in paragraph (1)(b)(i) to (vii); and  
(b) specify the packaging in relation to which each class of producer is a producer  under 
these Regulations.  
(3) Where two or more products are grouped together to be sold as a single sales unit, it is to be 
determined separately in accordance with regulations 16 to 22 who is a producer in relation to — 
(a) the packaging for each individual product within the sales unit; and  
(b) the packaging for the sales unit as a whole, including any packaging within the sales unit 
which is not part of the packaging of any individual product within that sales unit.  
(4) Paragraph s (5) and (6) apply in any case where, under any of regulations 16 to 22, whether a 
person (“P”) is a producer in relation to an item of packaging is dependent on whether another 
producer with a function in relation to that packaging or to whom P supplies that packaging (“the 
other producer”) is a large producer.  
(5) If P has evidence of whether the other producer is a large producer in the year in which P 
supplies the packaging, the other producer is to be treated as being a large producer, or not a large 
producer (as the case may be) in accordance with that evidence.  
(6) If P does not have evidence as referred to in paragraph (5), the other producer is to be treated 
as a large producer if, in the preceding year, the other producer was— 
(a) registered as a large producer under these Regulations; or   
 23 (b) listed on a list of large producers published by the appropriate agency under — 
(i)  regulation 22A of the Packaging Waste (Data Reporting) (England) Regulations 
2023 (a), the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 
2023 (b) or the Packaging Waste (Data Reporting) (Scotland) Regulations 2023 (c); or 
(ii) regulation 23A of the Packaging Waste (Data Reporting) (No. 2) (Northern Ireland) 
Regulations 2023 (d). 
Brand owners  
16.—(1) In these Regulations  a “brand owner” means, subject to paragraph ( 3)— 
(a) a person whose brand appears on an item of filled packaging ; or 
(b) where a brand is owned by a body corporate  that is not established in the United 
Kingdom and is a member of a corporate group, any body corporate  in that group 
which — 
(i) is established in the United Kingdom; and  
(ii) supplies an item of filled packaging on which that brand appears . 
(2) Subject to paragraph s (3) and (4), a brand owner is a producer in relation to — 
(a) filled packaging on which — 
(i) that person’s brand appears , where that person is a brand owner by virtue of 
paragraph (1)(a) ; or 
(ii) the brand of a body corporate  in the same corporate group as that person appears, 
where that person is a brand owner by virtue of paragraph (1)(b); and 
(b) any part of the packaging contained within, or forming part of, packaging  referred to in 
sub-paragraph (a)  (whether or not that part of the packaging is branded).  
(3) Subject to paragraph (4),  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 — 
(a) that packaging ; and  
(b) any packaging contained in or forming part of that packaging, whether or not that part of 
the packaging is branded . 
(4) A brand owner is not a producer in relation to — 
(a) any packaging in relation to which a packer/filler is a producer under regulation 17(2) (c), 
(d) or (e) ; or 
(b) any packaging in relation to which an importer is a producer under regulation 18(2), and 
which is packaging to which regulation 18(3)(b)  applies;  
(c) any packaging in relation to which a first UK owner is a producer under regulation 18(4) . 
Packer/fillers  
17.—(1) In these Regulations, a “packer/filler” means a person who puts goods into packaging.  
(2) A packer/filler is a producer in relation to any packaging  which is filled by the packer/filler 
if— 
(a) there is no brand owner  for the packaging;  
(b) the brand owner is not a large producer ;   
 
(a) S.I. 2023/219. Regulation 22A was inserted by S.I. 2024/???.  
(b) S.I. 2023/798 (W.127). Regulation 22A was inserted by S.I. 2024/??? (W….).  
(c) S.S.I. 2023/7. Regulation 22A was inserted by S.S.I. 2024/???.  
(d) S.R. 2023 No. 25. Regulation 23A was inserted by S.R. 2024 No. ???.   
 24 (c) the only brand on the packaging relates to the packaging and not to the product contained 
in that packaging ; 
(d) the packer/filler has put a brand on the packaging to assist with distribution, otherwise 
than at the request of the brand owner , and there is no other brand on the packaging;  or 
(e) the packer/filler has added the packaging to branded packaging otherwise than at the 
request of the brand owner.  
Importers and first UK owners  
18.—(1) In these Regulations — 
(a) an “importer”, in relation to packaging which is imported, means — 
(i) the person responsible for importing the packaging; or  
(ii) where the person referred to in paragraph (i) is not established in the United 
Kingdom, the first person established in the United Kingdom who takes ownership 
of the packaging;  
(b) a “first UK owner”, in relation to packaging which is not imported, means the first person 
established in the United Kingdom who takes ownership of that packaging in the United 
Kingdom . 
(2) An importer is a producer in relation to  any packaging which — 
(a) is imported into the United Kingdom by the importer ;  
(b) is either — 
(i) filled packaging  supplied by the importer ; or 
(ii) filled or unfilled packaging  discarded by the importer in the United Kingdom,  and 
(c) is packaging to which paragraph ( 3) applies.  
(3) This paragraph  applies to packaging — 
(a) for which there is no brand owner  established in the United Kingdom ; 
(b) where the brand owner is not responsible for the import of the packaging ; or 
(c) where the brand owner is responsible for the import of the packaging, but is not a large 
producer under these Regulations . 
(4) A first UK owner is a producer in relation to any packaging where — 
(a) the packaging is packed or filled in the United Kingdom on behalf of a person who is not 
established in the United Kingdom;  
(b) at the time it is packed or filled, no person established in the United Kingdom is the 
owner of the packaging; and  
(c) the filled packaging is supplied to the first UK owner.  
Distributors  
19.—(1) In these Regulations, a “distributor” means a person who manufactures or imports 
unfilled packaging and supplies that packaging to another person.  
(2) Subject to paragraph (3), a  distributor is a producer in relation to any unfilled packaging 
which is — 
(a) manufactured or imported by the distributor ; and 
(b) supplied to any person, other than a large producer who fills or packs the packaging 
before supplying it to any other person . 
(3) But a distributor is not a producer in relation to unfilled packaging described in paragraph 
(2) if a large producer who is a brand owner , a packer/filler or a first UK owner is the producer in 
relation to  that packaging under regulation 16, 17 or 18(4)  once the packaging is filled.   
 25 Online marketplace operators  
20.—(1) In these Regulations, an “online marketplace operator”  means , in relation to an online 
marketplace, the person who controls access to, and the contents of, the online marketplace 
provided that the person is involved in — 
(a) determining any terms and conditions applicable to the sale or other supply of goods ; 
(b) processing, or facilitating the processing, of payment for the goods ; and 
(c) the ordering or delivery, or facilitating the ordering or delivery, of the goods . 
(2) An online marketplace operator is a producer in relation to — 
(a) any packaging on items which are —  
(i) supplied on their online marketplace by a non-UK supplier ; and 
(ii) received in the United Kingdom;  and 
(b) subject to paragraph (3), any unfilled packaging which is — 
(i) supplied on their online marketplace by a non-UK supplier, to a business  other than a  
large producer which is one or more of the classes of producer in regulation 
15(1)(b)(i) to (vi) ; and  
(ii) received in the United Kingdom . 
(3) But an online marketplace operator is not a producer in relation to unfilled packaging 
described in paragraph (2)(b)  if a large producer who is a brand owner, a packer/filler or a first UK 
owner is the producer in relation to  that packaging under regulation 16, 17 or 18(4) once the 
packaging is filled . 
(4) In this regulation “non -UK supplier” means a person who — 
(a) supplies goods on an online marketplace in the course of business; and  
(b) is not established in the United Kingdom . 
Service providers  
21.—(1) In these Regulations, a “service provider” means a person who supplies reusable 
packaging to a user of that packaging where the supply is made by hiring out or lending the 
packaging.  
(2) A service provider is a producer in relation to any reusable packaging the first time the 
packaging is supplied, but not otherwise.  
Sellers  
22.—(1) In these Regulations, a “seller” means a person who — 
(a) is not a service provider ; and  
(b) supplies filled packaging to a final user of that packaging . 
(2) A seller is a producer in relation to filled  packaging  which the seller supplies to a final user.  
(3) For the purposes of this regulation , the final user of filled packaging is the person who last 
uses the packaging  for the containment, protection, handling, delivery or presentation of the goods  
with which it is filled .  
CHAPTER 2  
Threshold criteria and overview of producer responsibility obligations  
Large and small producers  
23. In these Regulations — 
(a) a “large producer” means a producer who , in relation to a relevant  year—  
 26 (i) satisfies the criteria in regulation 24(1) , read together with paragraphs (3) to ( 7) of 
that regulation; or  
(ii) is a large producer by virtue of paragraph 2(1) of Schedule 9 (groups of companies);  
(b) a “small producer” means a producer who , in relation to a calendar year — 
(i) satisfies the criteria in regulation 24(2), read together with paragraphs (3) to ( 7) of 
that regulation, but is not a large producer; or  
(ii) is a small producer by virtue of paragraph 2(2) of Schedule 9. 
Threshold criteria : large and small producers  
24.—(1) A person satisfies the criteria in this paragraph  in relation to a relevant  year (“year Y”)  
if— 
(a) that person’s turnover was more than £2,000,000 in the last financial year that ended 
before 7th April in year Y -1 in respect of which audited accounts are available ; 
(b) in year Y-2 the person supplied  in aggregate more than 50 tonnes of packaging.  
(2) A person satisfies the criteria in this paragraph in relation to year Y if— 
(a) that person’s turnover was more than £1,000,000 in the last financial year that ended 
before 7th April in year Y -1 in respect of which audited accounts are available ; 
(b) in year Y-2 the person supplied  in aggregate more than 25 tonnes of packaging.  
(3) Where the person (“CB”) is a body corporate result ing from  the merger of two or more 
bodies corporate — 
(a) CB’s turnover in the financial year in which  the merger took place , and in any subsequent 
financial year if no audited accounts are yet available for CB,  is to be calculated for the 
purposes of this regulation as the sum of the turnovers of each body corporate  which has 
been merged  in the last financial year end ing before the merger  for which audited 
accounts are available ; 
(b) CB is to be treated as having supplied  in the calendar year in which  the merger took place 
the sum of the amount s of packaging supplied  by each of those bodies corporate  in the 
calendar year preceding th at year. 
(4) Where the assets and liabilities of a body corporate (“CB”) have been divided between two 
or more bodies corporate (“new bodies”) — 
(a) each new body is to be treated as having a turnover , in the financial year in which the 
division took place and in any subsequent financial year if no audited accounts are yet 
available for the new body, equal to — 
 
where — 
(i) “A” is the value of the assets of the new body immediately after  the division;  
(ii) “XA” is the value of the assets of CB immediately before the division; and  
(iii) “XT” is the turnover of CB in the last financial year ending before the division  for 
which audited accounts are available ; 
(b) each new body is to be treated as having supplied  an amount of packaging in the calendar  
year in which the division took place  equal to — 
 
where “A” and “XA” have the meaning s given in sub -paragraph (a), and “XP” means the 
amount of packaging supplied  by CB in the calendar year preceding that year.   
 27 (5)  In this regulation — 
(a) “year Y -1” means the calendar year preceding year Y, and “year Y -2” means the calendar 
year preceding year Y -1; 
(b) audited accounts are to be treated as being available, in relation to  a body corporate which 
is under a duty to deliver annual accounts to the registrar of companies , where annual 
accounts have been so delivered;  
(c) any reference to audited accounts being available is to be treated, in relation to a person 
who is not required to produce audited accounts, as a reference to accounts being 
available .  
(6) For the purposes of this regulation, the amount of packaging supplied  by a person (“P”) in a 
year is the amount supplied in  the United Kingdom in respect of which P was a producer under 
Chapter 1 of this Part  in that year , calculated in tonnes to the nearest tonne , excluding  packaging 
which at the time of its supply was exempt packaging.  
(7) If, in a year,  P perform ed the functions of two or more  classes of producer in relation to 
packaging — 
(a) all packaging  in relation to which P perform ed any such  function is to be taken into 
account for the purposes of paragraph ( 1)(b), ( 2)(b), ( 3)(b) and ( 4)(b); but 
(b) the same item of packaging  is not to be  taken into account more than once for th ose 
purposes.  
Producer responsibility obligations  
25.—(1) Subject to paragraph ( 4), in relation to any relevant year in which a producer (“P”) is a 
large producer or a small producer , P must — 
(a) be registered with the appropriate agency in accordance with Chapter 1 of Part 4;  
(b) keep the records specified in relation to P in regulation 42(1) , in accordance with 
regulation 42(2) ;  
(c) report to the appropriate agency the information specified in relation to P in— 
(i) regulation 43(1) , if P is a large producer; or  
(ii) regulation 44(1), if P is a small producer,  
in accordance with that regulation  and regulation 47; and  
(d) if regulation 46(1)  applies to P, report to the Environment Agency the information 
specified in that paragraph, in accordance with that regulation  and regulation 47. 
(2) Subject to paragraph ( 4), in relation to any relevant year in which P is a large producer and is 
one or more of the classes of producer in regulation 15(1)( b)(i) to (vi), P must also — 
(a) recycle packaging waste in each packaging category of packaging supplied by P, in 
accordance with regulation 48 and Schedule 5 ; 
(b) keep the evidence specified in regulation 42(3) , in accordance with that paragraph;  
(c) furnish a certificate of compliance to the appropriate agency in respect of P’s recycling 
obligations , in accordance with regulation 49. 
(3) In relation to any relevant year in which P  is a liable producer for the purposes of Part 6, P 
must also — 
(a) assess, in accordance with regulation 27, the recyclability of the household packaging P 
supplies;  
(b) keep records of those assessments, in accordance with regulation 42(5) ; and  
(c) report those assessments to the appropriate agency, in accordance with regulation s 45 and 
47. 
(4) Paragraph s (1) to (3) are subject to — 
(a) regulation 50 (effect of compliance scheme membership); and   
 28 (b) paragraph 5(1)(a)  of Schedule 9 (effect of corporate group registration) . 
(5) Paragraph (3) does not apply in relation to  household packaging which consists of — 
(a) exempt packaging; or  
(b) subject to regulation  148(2) , drink containers made of any material other than glass .  
(6) The scheme administrator may direct that  for one or more relevant years following the 
coming into force of these Regulations paragraph (3) is not to apply to online marketplace 
operators in relation to household packaging  which they are treated under regulation 10(5)  as 
supplying.  
(7) The scheme administrator may only make a direction under paragraph (6) if it is satisfied 
that it would be disproportionately burdensome for online marketplace operators to ensure that 
recyclability assessments are carried out  for th at packaging .   
CHAPTER 3  
Insolvency, etc., of producers  
Insolvency,  etc., of producers  
26.—(1) This regulation applies where, in a relevant year — 
(a) an insolvency event — 
(i) referred to in paragraph 2(a)  to (d) of Schedule 3 takes place in relation to a producer 
which is a body corporate ; 
(ii) referred to in paragraph 3(a) to ( d) or (f) of Schedule 3 takes place in relation to a 
producer which is a partnership;  or 
(iii) referred to in paragraph 4(a) or (b)  of Schedule 3 takes place in relation to a producer 
who is an individual , 
and, in any of those cases, the producer ceases trading;  
(b)  a producer which is a partnership is dissolved ; or 
(c) a producer who is an individual dies or becomes incapacitated.  
(2) Where this regulation applies, the producer referred to in paragraph (1)  (“the first 
producer”) — 
(a) ceases to be subject to any producer responsibility obligations for the relevant  year; and  
(b) ceases to be liable to pay disposal fees or administration fees under regulation  68, if and 
to the extent that another person becomes liable to pay those fees under paragraph (3) (b). 
(3) Any person who carries on the activities of the first producer following an event referred to 
in paragraph (1) (“the new producer”) is to be treated as a producer and — 
(a) has the producer responsibility obligations of the first producer for the relevant  year and 
the following two years regardless of whether the new producer meets the threshold 
criteria to be a large producer or small producer in those years ; and 
(b) is liable to pay any disposal fees or administration fees that were due from the first 
producer under Part 6 . 
(4) The new  producer must within 28 days of beginning to carry on the activities of the first 
producer — 
(a) inform the appropriate agency in writing of —  
(i) that fact , and the date on which it began to carry on those activities ; and  
(ii) the nature and date of the event referred to in paragraph (1) which occurred to the 
first producer; and 
(b) apply to be registered in accordance with  regulation  36(2) .  
 29 PART 3 
Recyclability assessments and recycling information  
CHAPTER 1  
Recyclability assessments  
Recyclability assessments  
27. A producer who is required by regulation  25(3)(a)  or 29(1)   to assess the recyclability of 
packaging they supply  (a “recyclability assessment”) — 
(a) may assess the recyclability of their packaging themselves, or arrange for a  recyclability 
assessment to be carried out by a third party ; 
(b) must ensure that the recyclability assessment is carried out in accordance with the 
methodology and guidance published by the scheme administrator  under paragraph 7 of 
Schedule 7; and 
(c) must keep the recyclability assessment under review , and update it or carry out a further 
assessment if— 
(i) the design, manufacture or composition of the packaging is changed;  
(ii) the methodology referred to in sub -paragraph (b) is changed in a way that is likely to 
affect the outcome of the assessment ; or 
(iii) there is likely to be a change to the outcome of the assessment for any other reason . 
CHAPTER 2  
Recycl ing information  
Recycling information obligations: application and interpretation  
28.—(1) The requirements in regulations 29 to 33, except regulation 33(4) , apply to producers 
of the classes specified in paragraph (2) (including such producers who do not meet the threshold 
criteria for a large producer or a small producer) in relation to the packaging specified in 
paragraph ( 4). 
(2) The classes of producer specified in this paragraph are — 
(a) a brand owner ; 
(b) a packer/filler ; 
(c) an importer or first UK owner . 
(3) Regulation s 29(1)  and 33(4)  apply to a distributor  (including a distributor who does not meet 
the threshold criteria for a large producer or a small producer), in relation to packaging specified 
in paragraph (4) which the distributor supplies to a producer who is not a large producer . 
(4) The packaging specified in this paragraph is packaging supplied by a producer referred to in 
paragraph (1) or (3) where — 
(a) the packaging is primary packaging or shipment packaging;  
(b) the area of the largest surface of the packaging is not less than 25 square centimetres; and  
(c) the packaging is not — 
(i) packaging which is exempt packaging  by virtue of sub-paragraph (b), (c) or (d) of 
regulation 11(1) ; or 
(ii) subject to regulation  148(2) , a drink container  made of any material other than glass . 
(5) In this Chapter — 
(a) “recycling information” means the information required by this Chapter to be displayed 
on or in relation to packaging, namely — 
(i) a statement as to whether the packaging is or is not recyclable ;  
 30 (ii) the symbol prescribed in regulation 30(2)(b)  or (3)(b) as appropriate ; and 
(iii) where applicable, any recycling instructions for the packaging;  
(b) “recycling instructions” means instructions as to how packaging waste may be disposed 
of for recycling, other than by collection from households by a relevant authority;  
(c) references to “labelling” packaging, or to providing information on a label, are to be 
treated as including the provision of  that information by other means where that is 
permitted by regulation 31(2)  or 32. 
(6) In regulation 10 (supply), paragraphs (1)(b), (6) and (7) do not apply for the purposes of this 
Chapter.  
Recycling information obligations: general  
29.—(1) A producer to whom this paragraph applies must — 
(a) determine , in accordance with regulation 27, the recyclability of any primary packaging 
and shipment packaging they supply;  
(b) keep a record of each assessment of recyclability for at least 7 years after the record is 
made, and make those records available to the labelling authority on demand.  
(2) A producer to whom this paragraph applies must ensure that any primary packaging and 
shipment packaging which they supply on or after 1st April  2027 is labelled in accordance with 
this Chapter.  
General labelling requirements  
30.—(1) This regulation applies in relation to packaging which is required by regulation 29(2)  to 
be labelled.  
(2) If packaging is determined under regulation 29(1)(a)  as not being recyclable the packaging 
must be labelled — 
(a) with the phrase “Do Not Recycle” ; and 
(b) with the following symbol — 
 
(3) If the packaging is determined under regulation 29(1)(a)  as being recyclable, the packaging 
must be labelled — 
(a) with the phrase “Recycle” ; and 
(b) with the following symbol — 
 
(4) The producer must include recycling instructions on the label if a recyclability assessment  
has determined that —  
 31 (a) the packaging is not widely collected from households for recycling by relevant 
authorities; and  
(b) there are other methods of disposing of the packaging for recycling.  
(5) The phrase, symbol and any recycling instructions provided must appear together on the 
packaging, and be so placed on the packaging that — 
(a) the phrase and the recycling instructions are legible ; and 
(b) the phrase, symbol and recycling instructions are easily visible, and not hidden or 
obscured by — 
(i) any other written or pictorial matter ; or 
(ii) any other intervening material.  
Recycling information for medical packaging  
31.—(1) Paragraph (2) applies if — 
(a) the packaging concerned is medical packaging ; and 
(b) that packaging is required to display information related to the safety of the product or 
device.  
(2) If this paragraph applies, the producer may satisfy the requirement in regulation 29(2)  by— 
(a) including the recycling information on a leaflet accompanying the product or device 
inside the packaging, or  
(b) providing recycling information by electronic communication direct to the person for 
whom the product or device is being provided.  
Recycling information for filled, unbranded packaging  
32. A producer supplying filled packaging which is not branded packaging may satisfy the 
requirement  in regulation 29(2) — 
(a) by displaying recycling information for the packaging directly on the packaging or on a 
label attached to the packaging ; 
(b) where a product is offered for sale on a website or through a mobile application, by 
displaying the recycling information for any packaging supplied with that product as part 
of the description of the product on the page of the website or mobile application where 
the purchaser chooses the product they wish to order ; 
(c) where a product is sold directly to the purchaser otherwise than on a website or through a 
mobile application, by displaying recycling information for packaging supplied with the 
product in the place where the product is sold in a prominent position where the 
information will be seen by everyone purchasing the product from the producer ; or 
(d) by including recycling information with other written material provided to the purchaser, 
provided that the recycling information is easily visible on that material, and not obscured 
by— 
(i) any other written or pictorial matter ; or 
(ii) any intervening material.  
Recycling information: additional requirements  
33.—(1) Where packaging is required to be labelled in accordance with regulation 30— 
(a) if the surface area of the largest surface of the packaging is 80 square centimetres or 
more — 
(i) words must be in a font in which letters have an x -height of at least 1.2mm ; and  
 32 (ii) the symbol must be at least 9.5mm in height where the symbol is displayed in 
portrait orientation, or 3.5mm in height where it is displayed in landscape 
orientation;  
(b) if the surface area of the largest surface of the packaging is less than 80 square 
centimetres — 
(i) words must be in a font in which letters have an x -height of at least 0.9mm ; and 
(ii) the symbol must be at least 7mm in height where the symbol is displayed in portrait 
orientation and 3.5mm in height where it is displayed in landscape orientation.  
(2) In paragraph (1), “x -height” refers to the height of a lower -case letter which does not extend 
above or below the line, such as “x”.  
(3) Where the primary packaging of a product consists of a number of components or ancillary 
elements the producer may — 
(a) place the label required by regulation 30 on an outer component, or the main packaging 
component, indicating if each component is or is not recyclable ; or 
(b) place the label required by regulation 30 on each component indicating whether that 
component is or is not recyclable.  
(4) A distributor who supplies packaging to a producer who is not a large producer must provide 
information in writing on the recyclability of the packaging supplied to that producer.  
(5) Where a producer (“P”) becomes aware that any packaging supplied by P has not been 
correctly labelled in accordance with this Chapter, P must take reasonable steps to correct the 
error, including notifying anyone to whom it has supplied that packaging of the error, and making 
the correct information available to them.  
The labelling authority  
34.—(1) Subject to paragraph (2), the Secretary of State is the labelling authority for the 
purposes of these Regulations.  
(2) The Secretary of State may appoint another person to be the labelling authority, and where 
such an appointment has effect references to the labelling authority in these Regulations are to that 
person.  
Recycling information obligations: monitoring, enforcement and charges  
35.—(1) The labelling authority must monitor and enforce the requirements in this Chapter.  
(2) The labelling authority may require a producer to pay to it such charges in connection with, 
or incidental to, any activities carried out by the authority in relation to that producer for the 
purpose of its functions under this Chapter as it may determine, provided that such charges do not 
exceed the costs incurred, or to be incurred, by the labelling authority in connection with the 
activity in question.  
PART 4 
Producer responsibility obligations  
CHAPTER 1 
Registration of producers  
Application for producer registration  
36.—(1) A producer who is required by regulation 25(1)(a)  to be registered for a relevant year 
must submit an application for producer registration to the appropriate agency — 
(a) in relation to 2025, on or before 1st April 2025;   
 33 (b) in relation to 2026 or any subsequent year, on or before —  
(i) 1st October in the year preceding the relevant year, in the case of  a large producer 
who is one or more of the class es of producer in regulation 15(1)(b)(i) to (vi) ; or 
(ii) 1st April in the relevant year, in the case of — 
(aa) a large producer who is a seller and no other class of producer; or  
(bb) a small producer.  
(2) A producer who is required by regulation 26(4)(b)  to register after taking over the activities 
of another producer must submit an application for producer registration to the appropriate agency 
on or before the later of — 
(a) the date on which the first producer referred to in regulation 26 would have been required 
to apply for registration under paragraph (1) ; or 
(b) 28 days after the producer begins to carry on the activities of the first producer . 
(3) Where any of the following occurs after the date specified in paragraph (1) or (2) by which 
an application for producer registration must be made for a relevant year — 
(a) a person becomes a producer in respect of that year, but is not a member of a compliance  
scheme ; 
(b) an application to register is refused ; or 
(c) a producer is a member of a compliance scheme and — 
(i) the application for registration of the compliance scheme for the relevant year  is 
refused ; 
(ii) the registration of the compliance scheme is cancelled ; or 
(iii) the producer  ceases to be a member  of the compliance scheme,  
an application , or further application,  for producer registration must be made by the producer 
within 28 days of the occurrence of that event.  
(4) Paragraph ( 3) applies where an event in sub -paragraph (c) of that paragraph occurs, whether 
or not the scheme operator had previously made an application for producer registration  in relation 
to the producer  for the relevant year.  
Making an application for producer registration  
37.—(1) An application for producer registration must — 
(a) be made in such manner as the appropriate agency directs;  
(b) contain the information set out in Schedule 2; 
(c) be accompanied by such other information as the appropriate agency reasonably requires 
to determine the application.  
(2) The application must be signed by the approved person of  the producer  to verify the 
information contained in or provided with the application . 
(3) The application must be accompanied by payment of — 
(a) the charge in paragraph 2(1) of Schedule 1; and  
(b) the additional charge in paragraph 2(2) of Schedule 1 , if the application is made after the 
date specified in regulation 36(1), (2) or (3) as applicable .  
Determination of applications for producer registration  
38.—(1) An application for producer registration must be granted where — 
(a) the producer is subject to  producer responsibility obligations;  
(b) the application complies with the requirements in regulation 37; and 
(c) the appropriate agency is satisfied that —  
 34 (i) all information provided in accordance with regulation 37(1)  is as accurate as 
reasonably possible;  
(ii) the charge payable  in accordance with regulation 37(3)  has been paid ; 
and must otherwise be refused.  
(2) Where an application for producer registration is granted — 
(a) the appropriate agency must, within 28 days of the application being granted, confirm to 
the producer in writing that the producer is registered, and inform the producer of the 
registration number they have been assigned,  
(b) the appropriate agency must inform the scheme administrator where the application states 
that the producer is liable to pay disposal fees under regulation 68 and provide the scheme 
administrator with the information contained in or provided with the application for that 
producer, and  
(c) the producer is to be treated as having been registered — 
(i) where the application was made within the time limit specified in regulation  36(1)  or 
(2), from the beginning of the relevant year;  
(ii) where the application was made within the time limit specified in regulation 36(3) , 
from the date of the relevant occurrence;  
(iii) in any other case, from the date specified in the confirmation,  
until any cancellation of the producer’s registration in accordance with regulation 40 or 
the expiry of the registration.  
(3) Where an application for producer registration is refused, the appropriate agency must, 
within 28 days of the decision to refuse the application, give the producer notice in writing that the 
application has been refused, setting out — 
(a) the reasons for refusing the application ; and 
(b) the right to appeal against the refusal under regulation  112(1)(a) . 
Conditions of registration of a producer  
39. Registration of a producer (“P”) is subject to the following conditions — 
(a) that P complies with the obligations set out in — 
(i) regulation 25(1)(b)  and (c) ; and  
(ii) if applicable to P, regulation 25(1)(d), (2) and (3); 
(b) that P provides any information reasonably requested by the appropriate agency with 
regard to the obligations referred to in paragraph (a) above, or in relation to P’s 
registration, before the end of the period of 28 days beginning with the day after the day 
on which the request was made ; 
(c) that P informs the appropriate agency of — 
(i) any change in P’s circumstances which relate to P’s registration, and, where P is a 
partnership, any change of partners ; and 
(ii) any material change in the information provided in accordance with regulation 
37(1)(b)  or (c), 
within 28 days of the occurrence of any such change ; 
(d) that P informs the appropriate agency as soon as reasonably practicable if P becomes 
aware that a ny of the  relevant circumstance s in Schedule 3 applies or is about to apply to 
P; and 
(e) that P informs  the appropriate agency if P has ceased to be a producer in respect of a year.   
 35 Cancellation of registration of producers  
40.—(1) The appropriate agency may cancel the registration of a producer where it appears to 
the appropriate agency that — 
(a) the producer is in breach of any of the conditions set out in regulation 39;  
(b) the producer knowingly or recklessly supplied information which is false or misleading in 
a material particular to a scheme  operator , to be used in connection with a n application 
for the producer ’s registration ; or 
(c) the applicant for producer registration knowingly or recklessly supplied information 
which is false or misleading in a material particular , in connection with the application, or 
with compliance with any of the conditions in regulation 39. 
(2) The appropriate agency must cancel the registration of a producer where — 
(a) it appears to the appropriate agency that any of the circumstances referred to in regulation 
26(1)  apply in relation to the producer ; or 
(b) it is notified that the producer — 
(i) has become a member of a compliance scheme and been registered by the scheme 
operator pursuant to regulation 51(3)(a) ; or 
(ii) has otherwise ceased to be subject to producer responsibility obligations in respect of 
the relevant  year.  
(3) Before cancellation of a registration under paragraphs (1) or (2), the appropriate agency must 
serve on the producer concerned written notice of — 
(a) its decision to cancel  the producer’s registration ; 
(b) the reasons for the decision ; 
(c) the date when cancellation will take effect, not being earlier than — 
(i) in the case of cancellation under paragraph (1) or (2)(a), the expiration of the time 
limit in paragraph 2 or 4 of Schedule 11, as applicable, for bringing an appeal against 
the notice ; or 
(ii) in the case of cancellation under paragraph (2)(b), 5 working days after the date of 
the notice ; 
(d) the right of appeal under regulation  112(1)(b) , where applicable ; and 
(e) if the cancellation is under paragraph (1), and the grounds for cancellation constitute an 
offence, a statement identifying which offence in regulation 127 or 130 it appears to the 
appropriate agency is being committed by the producer.  
(4) Paragraph (3) does not apply where a registration is being cancelled because the producer is 
dead.  
(5) The appropriate agency must inform the scheme administrator if it cancels the registration of 
a producer who is a liable producer  under regulation  68.  
CHAPTER 2 
Record -keeping and reporting obligations  
Information  to be collected and reported by producers  
41. Schedule 4 specifies descriptions of information — 
(a) about which producers are required to collect data under regulation 42; and  
(b) which , subject to regulation 50(2) , certain producers are required to report under 
regulations 43 to 46.  
 36 Record keeping obligations  
42.—(1) A producer (“P”) of a class specified in the first column of Table 1 must, in relation to 
the packaging specified in the corresponding entry in the second column, collect the data specified 
in the paragraphs of Schedule 4 listed in the corresponding entry in — 
(a) the third column , if P is a large producer ; or 
(b) the fourth column, if P is a small producer.  
Table 1  
Data to be collected by large and small producers  
Class of producer  Packa ging in relation 
to which data 
collection obligation 
applies  Descriptions of data 
to be collected by a 
large producer 
(references are to 
paragraph numbers in 
Schedule 4) Descriptions of data 
to be collected by a 
small producer 
(references are to 
paragraph numbers in 
Schedule 4) 
Brand owner  Packaging for which P 
is a producer by virtue 
of regulation 16. 2, 3, 5, 6, 7, 9 , 10, 12, 
13 2, 5, 7 
Packer/filler  Packaging for which P 
is a producer by virtue 
of regulation 17. 2, 3, 5, 6, 7, 9, 10, 12, 
13 2, 5, 7 
Importer or first UK 
owner  Packaging for which P 
is a producer by virtue 
of regulation 18. 2, 3, 5, 6, 7, 9, 10, 11 , 
12, 13 2, 5, 7, 11  
Distributor  Packaging for which P 
is a producer by virtue 
of regulation 19. 2, 3, 5, 6, 7, 8, 9, 10, 
11, 12, 13 2, 5, 7, 11  
Online marketplace 
operator  Packaging for which P 
is a producer by virtue 
of regulation 20. 2, 3, 4, 8, 11, 12, 13 2, 3, 4, 1 1 
Service provider  Packaging for which P 
is a producer by virtue 
of regulation 21. 2, 3, 5, 6, 7, 9, 10 ,11 , 
12, 13 2, 5, 7, 11  
Seller  Packaging for which P 
is a producer by virtue 
of regulation 22. 11, 12, 13, 14 11, 13 
(2) A producer must keep any data which the producer is required to collect under paragraph (1) 
for at least 7 years after the end of the reporting period to which the data relate.  
(3) If P is a large producer who  is a brand owner, packer/filler, importer or first UK owner, 
distributor , online marketplace operator  or service provider, P must — 
(a) retain evidence — 
(i) of the amount of relevant packaging waste which P has collected from consumers 
and sent for recycling, as referred to in regulation 70(2)  and reported on under 
paragraph 12 of Schedule 4; 
(ii) that the relevant packaging waste referred to in paragraph (i) has been recycled ; and 
(b) keep that evidence for at least 7 years after the activity to which the evidence relates.  
(4) In paragraph (3)(a), “relevant packaging waste” means — 
(a) reusable packaging which has been used at least once and has become waste ; or 
(b) any other packaging waste which is collected from households for recycling by less than 
75% of the relevant authorities in the United Kingdom responsible for waste collection , 
but not including drink containers  made from any material other than glass .   
 37 (5) If P is a liable producer for the purposes of Part 6, P must retain records of recyclability 
assessments carried out in accordance with regulation 25(3)  for at least 7 years after the record is 
made.  
Reporting obligations : large producers  
43.—(1) A large producer (“LP”) of a class specified in the first column of Table 2 must, in 
relation to the packaging specified in the corresponding entry in the second column , report to the 
appropriate agency in accordance with paragraphs (2) to (4) and regulation 47 the descriptions of 
data specified in the third column , for the reporting periods specified in the fourth column .  
Table 2  
Data to be reported to the appropriate agency : large producers  
Class of producer  Packaging in relation to 
which data reporting 
obligations apply  Descriptions of data 
to be reported 
(references are to 
paragraphs of 
Schedule 4) Reporting period  
Brand owner  Packaging for which LP 
is a producer by virtue 
of regulation 16 2, 3, 5, 6, 7, 9, 10 ,  12 
and 13  6 months  
Packer/filler  Packaging for which LP 
is a producer by virtue 
of regulation 17 2, 3, 5, 6, 7, 9, 10 ,  12 
and 13  6 months  
Importer or first UK 
owner  Packaging for which LP 
is a producer by virtue 
of regulation 18 2, 3, 5, 6, 7, 9, 10 , 12 
and 13  6 months  
11 12 months  
Distributor  Packaging for which LP 
is a producer by virtue 
of regulation 19 2, 3, 5, 6, 7, 9, 10 ,  12 
and 13  6 months  
11 12 months  
Online marketplace 
operator  Packaging for which LP 
is a producer by virtue 
of regulation 20 2, 3, 12 and 13  6 months  
 
4 and 11 12 months  
Service provider  Packaging for which LP 
is a producer by virtue 
of regulation 21 2, 3, 5, 6, 7, 9, 10 , 12 
and 13  6 months  
11 12 months  
Seller  Packaging for which LP 
is a producer by virtue 
of regulation 22 11, 12 and 13  12 months  
 
(2) Reports of data for which Table 2 specifies a 6 monthly reporting period must be submitted 
to the appropriate agency — 
(a) on or before 1st October each year, for the period from 1st January to 30th June in that 
year; and  
(b) on or before 1st April each year, for the period from 1st July to 31st December in the 
previous year . 
(3) Reports of data for which Table 2 specifies a 12 monthly reporting period must be submitted 
to the appropriate agency on or before 1st April each year, for the previous calendar year.  
(4) The first reports under this regulation must be submitted to the appropriate agency on or 
before 1st April 2025, for the period 1st January to 31st December 2024 or 1st July to 31st 
December 2024 as applicable.   
 38 (5) In relation to a report submitted for a period  specified in paragraph (4) , paragraph (1) is 
subject to paragraph 2(1) of Schedule 15.  
Reporting obligations: small producers  
44.—(1) A small producer (“SP”) of a class specified in the first column of Table 3 must, in 
relation to the packaging specified in the corresponding entry in the second column, report to the 
appropriate agency every 12 months, in accordance with paragraphs (2) and (3) and regulation 47, 
the descriptions of data specified in the third column.  
Table 3  
Data to be reported to the appropriate agency : small producers  
Class of producer  Packaging in relation to which data 
reporting obligations apply  Descriptions of data to be 
reported (references are to 
paragraphs of Schedule 4) 
Brand owner  Packaging for which SP is a 
producer by virtue of regulation 16. 2, 5 and 7  
Packer/filler  Packaging for which SP is a 
producer by virtue of regulation 17. 2, 5, and 7  
Importer or first UK 
owner  Packaging for which SP is a 
producer by virtue of regulation 18. 2, 5, 7 and 11  
Distributor  Packaging for which SP is a 
producer by virtue of regulation 19. 2, 5, 7 and 11  
 
Online marketplace 
operator  Packaging for which SP is a 
producer by virtue of regulation 20. 2, 3, 4 and 11  
 
Service provider  Packaging for which SP is a 
producer by virtue of regulation 21. 2, 5, 7 and 11  
Seller  Packaging for which SP is a 
producer by virtue of regulation 22. 11 
(2) Reports under this regulation must be submitted to the appropriate agency on or before 1st 
April each year, for the previous calendar year.  
(3)  The first reports under this regulation must be submitted to the appropriate agency on or 
before 1st April 2025, for the calendar year 2024.  
(4) In relation to a report submitted for 2024 , paragraph (1) is subject to paragraph 2(2) of 
Schedule 15.  
Obligation to report  results of  recyclability assessments  
45.—(1) A producer that is a liable producer for the purposes of Part 6 must report to the 
appropriate agency every 6 months the results of its recyclability assessments of the household 
packaging supplied by the producer, in accordance with paragraphs (2) and (3) and regulation 47.  
(2) Reports under this regulation must be submitted to the appropriate agency —  
(a) on or before 1st October each year, for the period from 1st January to 30th June in that 
year; and 
(b) on or before 1st April each year, for the period from 1st July to 31st December in the 
previous year . 
(3) The first reports under this regulation must be submitted to the appropriate agency on or 
before 1st October 2026, for the period 1st January to 30th June 2026.  
Obligation to report data on plastic or paper bags supplied in England  
46.—(1) A large producer or small producer who — 
(a) is a seller; and   
 39 (b) supplies plastic or paper bags in England,  
must  report to the Environment Agency every 12 months , in accordance with paragraphs (2) and 
(3) and regulation 47, the information specified in paragraph 13 of Schedule 4. 
(2) Reports under this regulation  must be submitted to the Environment Agency on or before 1st 
April each year, for the previous calendar year.  
(3)  The first reports under this regulation  must be submitted to the Environment Agency on or 
before 1st April 2026, for the period 1st January to 31st December 2025 . 
Reporting obligations: general provisions  
47.—(1) The obligations of producers under  regulation s 43 to 46 are subject to — 
(a) regulation 50(2)(a)  (producers: effect of compliance scheme membership) ; and  
(b) paragraph 5 of Schedule 9  (corporate groups: effect of group registration) .  
(2) All reports submitted to the appropriate agency or to the Environment Agency under this 
Chapter  must be — 
(a) as accurate as reasonably possible ; 
(b) verified by the signature of an approved person of  the producer ; and  
(c) submitted in such form as th at agency directs.  
(3) Where a producer becomes aware that any information contained in a report which the 
producer has submitted to the appropriate agency or the Environment Agency under this Chapter 
was wrong or inaccurate, the producer must — 
(a) submit an amended report to that agency containing the correct information; and  
(b) pay that agency the charge for resubmitting a report in paragraph 2(3) of Schedule 1.  
 
CHAPTER 3 
Recycling and certification obligations  
Recycling obligation s 
48.—(1) Subject to regulation 50(2)(b)  and to paragraph 5(1)(a) of Schedule 9 , a large producer 
must comply with the recycling obligations set out in Schedule  5. 
(2) A large producer may only demonstrate compliance with its recycling obligations through 
the acquisition of PRNs or PERNs or both.  
(3) Subject to paragraph ( 4), a PRN or PERN that is issued in respect of packaging waste 
received for recycling at a reprocessing site or an overseas reprocessing site may only be used to 
demonstrate compliance with a large producer’s recycling obligations for the year in which the 
packaging waste is received for recycling at that site.  
(4) A PRN that is issued in respect of packaging waste received for recycling at a reprocessing 
site, or a PERN that is issued in respect of packaging waste received for recycling at an overseas 
reprocessing site, in December in a year may be relied on by a large producer to demonstrate 
compliance with its recycling obligations either in that year or in the following year.  
Certification obligation  
49.—(1) A producer who has recycling obligations for a relevant year must submit, in 
accordance with this regulation, a certificate of compliance to the appropriate agency as evidence 
of whether the producer has complied with those obligations.  
(2) A certificate of compliance must be submitted on or before 31st January in the year 
immediately following the relevant year.  
(3) A certificate of compliance must —   
 40 (a) state whether the producer has complied with its recycling obligations for the relevant 
year; and  
(b) be signed by an approved person of the producer to verify that statement.  
(4) A certificate of compliance must also contain the following information — 
(a) the name of the producer to which the certificate relates;  
(b) the name of the approved person verifying  the certificate;  
(c) the date of the certificate . 
PART 5 
Compliance schemes  
CHAPTER 1 
General  
Producers: effect of compliance scheme membership  
50.—(1) Where , in relation to a relevant year,  a producer — 
(a) is a member of a registered compliance scheme on the date specified in regulation 36(1)  
by which the producer would, but for this paragraph, be required to apply for registration ;  
(b) remains a member of the compliance scheme until the end of the relevant year ; and  
(c) satisfies the conditions in paragraph ( 3),  
the producer is exempt from complying for the relevant year with its registration obligation under 
regulation  25(1)(a) .  
(2) Where a producer is a member of a registered compliance scheme throughout the whole of a 
relevant year, and satisfies the conditions in paragraph (3), the producer is exempt from complying 
for the relevant year with — 
(a) its reporting obligations under regulation  25(1)(c) ; and  
(b) in the case of a producer  to whom regulation 25(2)  applies , its recycling obligations and 
certification obligation under that paragraph .  
(3) The conditions in this paragraph are that the producer — 
(a) provides any information the scheme operator reasonably requests, which is necessary for 
the purposes of meeting its obligations under regulation 51(3)  in relation to that producer, 
within a reasonable period of receiving such a request ; and 
(b) pays any fee required for membership of the compliance scheme.  
Obligations of compliance schemes  
51.—(1) A compliance scheme must be — 
(a) approved in accordance with regulation 55; and  
(b) registered in accordance with regulation 59, for each year that the scheme operates.  
(2) A compliance scheme must have a single scheme operator , which must be a person 
established in the United Kingdom . 
(3) The scheme operator must , in relation to a relevant year, carry out such of the following 
obligations that every producer who is a member of the compliance scheme  would have had, but 
for their membership of the scheme — 
(a) the registration obligations under regulation  25(1)(a)  and Chapter 1 of Part 4 ; 
(b) the reporting obligations under regulation  25(1)(c)  and (d)  and Chapter 2 of Part 4 ; 
(c) the recycling obligations under regulation s 25(2)(a)  and 48.  
 41 (4) For the purposes of paragraph (3), Part 4 applies to a scheme operator to the extent, and with 
the modifications, set out in regulation 52. 
(5) Paragraph (3) is subject to regulation 54, in relation to a producer who joins or leaves a 
compliance scheme during a relevant year.  
(6) The scheme operator must — 
(a) keep records, and submit reports to the appropriate agency, in accordance with regulation 
63; and  
(b) submit an annual statement of compliance to the appropriate agency in accordance with 
regulation 64. 
Producer responsibility obligations carried out by scheme  operator s 
52.—(1) For the purposes of regulation 51(3)(a)  (obligation of scheme operator to carry out 
registration obligations of scheme members) — 
(a) the scheme operator must make an application for registration of a producer on or before 
the date on which the producer would have been required under regulation 36 to make 
that application if the producer were not a member of the compliance scheme;  
(b) regulations 37 and 38 apply in relation to the application, with the modifications that — 
(i) the application must be signed by the approved person of the scheme operator to 
verify the information contained in or provided with the application;  
(ii) the charges payable for the application are those in paragraph 4 of Schedule 1; and  
(iii) the notice required to be given by the appropriate agency under regulation 38(2)(a) 
or (3) must be given to the scheme operator;  
(c) the conditions in regulation 39 apply to the registration, with the modification that the 
first reference to P in each sub -paragraph is to be treated as including a reference to the 
scheme operator;  
(d) regulation 40 applies in relation to the registration, with the modification that the grounds 
in paragraph (1) for cancelling the registration are to be treated as including the ground 
that it appears to the appropriate agency that the scheme operator is in breach of a 
condition in regulation 39 which applies to the scheme operator by virtue of sub -
paragraph (c) above.  
(2) For the purposes of regulation 51(3)(b)  (obligation of scheme operator to carry out reporting 
obligations of scheme members)  regulation s 43 to 47 apply in relation to a report made by a 
scheme operator, with the modification s to regulation 47 that— 
(a) the report must be verified by the signature of the approved person of the scheme 
operator ; and 
(b) the charge payable for resubmitting a report under regulation 47(3)  is the charge in 
paragraph 3(3) of Schedule 1 .  
(3) For the purposes of regulation 51(3)(c)  (obligation of scheme operator to carry out recycling 
obligations of scheme members), regulation 48 applies with the modification that all reference s to 
a large producer are to be treated as including references to the scheme operator.  
Provision of information by producers to compliance schemes  
53.—(1) This regulation applies where a producer who is — 
(a) a member of a compliance scheme; or  
(b) applying for membership of a compliance scheme,   
provides to the scheme operator any information which the scheme operator will need to rely upon 
for any of the purposes in paragraph (2).  
(2) Those purposes are —  
 42 (a) an application under regulation 59 to register the compliance scheme for a registration 
year; 
(b) carrying out any of the obligations referred to in regulation 51(3)  in relation to the 
producer; or  
(c) complying with the obligations in regulation 63. 
(3) A producer who provides to a scheme operator any information referred to in paragraph (1) 
must — 
(a) ensure that the information provided to the scheme operator is verified by the signature of 
the approved person of the producer; and  
(b) ensure that the information is as accurate as reasonably possible.  
Mid-year changes to compliance scheme membership  
54.—(1) Where a person who is a producer in respect of a relevant year (“P”) becomes a 
member of a compliance scheme during that year, the scheme operator must carry out the whole of 
P’s relevant obligations in relation to that year . 
(2)  Where P ceases to be a member of a compliance scheme during a relevant year, P must 
comply with the whole of its producer responsibility  obligations in relation to  that year.  
(3) Where P ceases to be a member of one compliance scheme (“the first scheme”) and becomes 
a member of another compliance scheme (“the second scheme”) during that year, the first scheme 
is not required to perform any of P’s relevant  obligations for that year and the scheme operator of 
the second scheme  must carry out the whole of those obligations in relation to that year . 
(4) Paragraphs (1), (2) and (3) apply even in relation to an obligation which was carried out or 
partly carried out , or was due to have been carried out , by another person before the date of the 
change referred to in those paragraphs.  
(5) In this regulation, “relevant obligation” means an obligation referred to in regulation 51(3) . 
CHAPTER 2 
Approval of compliance schemes  
Application for approval of a compliance scheme  
55.—(1) An application for approval of a compliance scheme must be made in writing to the 
appropriate agency by the scheme operator and must — 
(a) contain — 
(i) the name and address of the scheme operator ; and 
(ii) such other information as may be required by the appropriate agency;  
(b) be accompanied by a copy of — 
(i) the constitution of the scheme ; 
(ii) the rules with which a member of the scheme is obliged to comply ; 
(iii) the procedures under which the scheme operator enforces the rules against a member 
of the scheme ; and 
(iv) an operational plan for the next three years which complies with Part 1 of Schedule 
6, for approval by the appropriate agency.  
(2) The charge in paragraph 3(1) of Schedule 1 must be paid by the scheme operator when an 
application for approval is made.  
(3) An application for approval of a compliance scheme must be determined by the appropriate 
agency within 12 weeks after the day on which — 
(a) the appropriate agency has received the application and all the accompanying 
documentation referred to in paragraph (1) ; and  
 43 (b) the charge referred to in paragraph (2) has been paid.  
(4) An application for approval of a compliance scheme must be granted where — 
(a) the application meets the requirements in paragraph (1) and the charge referred to in 
paragraph (2) has been paid;  
(b) the appropriate agency is satisfied that — 
(i) the compliance scheme is likely to subsist for a period of at least 3 years;  
(ii) the scheme operator will be able to meet the conditions in regulation 56; and  
(iii) the scheme operator is a fit and proper person to be an operator of a compliance 
scheme; and  
(c) the appropriate agency approves the scheme operator’s operational plan,  
and must otherwise be refused.  
(5) Where an application for approval of a compliance scheme is determined — 
(a) the appropriate agency must notify the scheme operator in writing of its decision within 
28 days after the day on which that decision is made ; and 
(b) if the application has been refused, the notice must include — 
(i) the reasons for the refusal ; and 
(ii) the right of appeal under regulation 112(2)(a) . 
(6) Approval of a compliance scheme under this regulation, or treatment of a compliance 
scheme as being approved under paragraph 5(1) of Schedule 15,  ceases to be valid on the 
occurrence of any of the following events — 
(a) a conviction of the scheme operator for an offence under — 
(i) these Regulations ; 
(ii) the 2007 Regulations ; 
(iii) the 2007 (NI) Regulations ; or 
(iv) the 2023 Data Regulations;  
(b) the scheme operator notifying the appropriate agency under regulation 64 that it did not 
comply with the requirements of regulation 51 for the previous year of registration;  
(c) the scheme operator failing to comply, where applicable, with any additional conditions 
imposed under regulation 56(2) ; 
(d) a change in the person who is the scheme operator.  
(7) Where any of the events in paragraph (6)(a), (b) or (c) occurs, and the scheme operator 
wishes to continue operating the compliance scheme, a further application for approval in 
accordance with paragraph (1) must be made — 
(a) within 28 days after the day on which an event mentioned in paragraph (6)(a) or (c) above 
occurred ; or 
(b) within 14 days after the day on which an event mentioned in paragraph (6)(b) occurred.  
Conditions of approval of a compliance scheme  
56.—(1) Approval of a compliance scheme under regulation 55 is subject to the following 
conditions — 
(a) the scheme operator complies with the obligations set out in regulation 51; 
(b) the scheme operator takes reasonable steps to ensure that any information provided to it 
by scheme members which the scheme operator provides to the appropriate agency, or 
uses for a purpose referred to in regulation 53(2) , is as accurate as reasonably possible;  
(c) the scheme operator acquires PRNs or PERNs in a manner which least hinders the ability 
of any large producer or any other scheme operator to acquire PRNs or PERNs;   
 44 (d) the scheme operator provides any information reasonably requested by the appropriate 
agency for the purposes of monitoring compliance pursuant to regulation 117(1)(b) ; 
(e) in relation to any year in which the compliance scheme is registered under regulation 59, 
the scheme operator complies with the conditions in regulation 61(c)  and (d);  
(f) where the scheme operator proposes to make any material change to the operational plan 
approved by the appropriate agency under regulation 55(4)(c)  or 59(2)(d) , the scheme 
operator — 
(i) must submit a revised operational plan to the appropriate agency for approval ; and 
(ii) may not implement the change before the revised operational plan has been 
approved;  
(g) where the scheme operator is a partnership, it notifies the appropriate agency in writing of 
any change proposed to the partners at least 12 weeks before the day on which the change 
will take effect  or, if later, within 28 days of the scheme operator becoming aware that the 
change will take effect or has taken effect ; 
(h) the scheme operator provides records and returns to the appropriate agency as required by 
regulation 63; 
(i) the scheme operator informs the appropriate agency as soon as reasonably practicable if 
the scheme operator becomes aware that any of the insolvency events  in Schedule 3 has 
taken place or is about to take place in relation  to it. 
(2)  Where the approval of a compliance scheme has ceased to be valid under regulation 55(6)  
and the scheme operator has made a further application for approval of the scheme under 
regulation 55(7) , the appropriate agency may, if it grants the application, make approval of the 
scheme subject to any of the following additional conditions in relation to any year in which the 
scheme is registered under regulation 59, namely that the scheme operator — 
(a)  complies with 50% of its total recycling obligations before 30th June ; 
(b)  complies with 75% of its total recycling obligations before 30th September ; 
(c)  makes returns to the appropriate agency of information demonstrating compliance with 
the conditions set out at sub -paragraphs (a) and (b) on or before 15th July and 15th 
October respectively ; 
(d)  does not accept any new members into the scheme.  
(3) Any additional conditions imposed under  paragraph (2) cease to apply at the beginning of 
the year following the approval year if the appropriate agency is satisfied that in the approval year 
the scheme operator complied with — 
(a) the obligations under regulation 51(3) ; and 
(b) the additional conditions.  
(4) If additional conditions imposed under paragraph (2) cease to apply by virtue of paragraph 
(3), the appropriate agency must serve written notice of the cessation on the scheme operator 
within 28 days of the date on which the appropriate agency is satisfied in accordance with 
paragraph (3).  
(5) In paragraph (3), “approval year” means the year for which approval was granted on an 
application under regulation  55(7) . 
Withdrawal of approval of a compliance scheme  
57.—(1) The appropriate agency may withdraw approval of a compliance scheme — 
(a) where it appears to it that — 
(i) the scheme operator is in breach of any of the conditions in regulation 56(1)  or (2); 
(ii) the scheme operator knowingly or recklessly supplied information which is false or 
misleading in a material particular, in connection with the application for approval or 
registration of the compliance scheme, or in connection with compliance with the 
conditions in regulation 56(1)  or (2); or  
 45 (iii) the scheme operator is not a fit and proper person, or has at any time ceased to be a 
fit and proper person, to operate a compliance scheme;  or 
(b) at the request of the scheme operator.  
(2) Before withdrawing  approval  of a compliance scheme , the appropriate agency must serve on 
the scheme operator written notice of — 
(a) its decision to withdraw approval ; 
(b) if approval is being withdrawn under paragraph (1)(a) — 
(i) the reasons for the decision ; 
(ii) the right of appeal under regulation 112(2)(c) ; and 
(c) the date on which the withdrawal takes effect, which may be no earlier than the date of 
the notice.  
(3) Where approval of a compliance scheme has ceased to be valid under regulation 55(6) , and 
no further application has been made in accordance with regulation 55(7) , the approval is to be 
treated as withdrawn, and the appropriate agency must serve written notice on the scheme operator 
of its withdrawal.  
(4) The notice served under paragraph ( 3) must include — 
(a) the reasons why the approval has ceased to be valid ; and 
(b) a statement that the approval is to be treated as withdrawn, with effect from the date of 
the notice.  
(5) The scheme operator of a compliance scheme in relation to which approval is withdrawn 
under this regulation must, within 14 days after the date on which the scheme operator received 
notice of the withdrawal, serve on each scheme member written notice containing the following 
information — 
(a) a statement that approval of the scheme has been withdrawn and the date when the 
withdrawal took effect, or will take effect, as the case may be ; 
(b) the reasons for the withdrawal ; and 
(c)  the obligations under regulations 25 and 54(2)  of a producer  who ceases to be a member 
of a registered compliance scheme.  
Voluntary withdrawal of approval  
58.—(1) A request for the withdrawal of approval made under regulation 57(1)(b)  must — 
(a) be made in writing to the appropriate agency on or before 9th July in a year;  
(b) be accompanied by evidence that the scheme operator — 
(i) will cease operating the compliance scheme at the end of the year in which the 
request is made;  and 
(ii) has notified its members before 9th July in that year that it no longer intends to 
operate a compliance scheme in the following year.  
(2) When the appropriate agency receives a request under regulation 57(1)(b) , if the appropriate 
agency is satisfied by the evidence provided pursuant to paragraph (1), the appropriate agency 
must withdraw the compliance scheme’s approval with effect from the end of the year in which 
the request is received.  
(3) The scheme operator must, notwithstanding the withdrawal of approval of a compliance 
scheme under paragraph (2), submit to the appropriate agency by the following 31st January the 
report required by regulation 63 and the compliance statement required by regulation 64 for the 
last year of the compliance scheme’s operation.   
 46 CHAPTER 3 
Registration of compliance schemes  
Application for registration of a compliance scheme  
59.—(1) An application for registration of a compliance scheme for a year (“the registration 
year”) must be made to the appropriate agency by the scheme operator — 
(a) on or before 1st April 20 25, in relation to 20 25; and 
(b) on or before 1st October in the year preceding the registration year in relation to 
subsequent years.  
(2) An application for registration of a compliance scheme must — 
(a) be made in such manner as the appropriate agency directs;  
(b) contain the information set out in Part 2 of Schedule 6; 
(c) be accompanied by such other information as the appropriate agency reasonably requires 
in order to determine the application;  
(d) be accompanied by an operational plan containing the information required by Part 1 of 
Schedule 6, which has been approved by the appropriate agency under regulation 
55(1)(b)(iv)  or 56(1)(f) , updated to the date on which the application for registration of 
the scheme is submitted; and  
(e) except where the compliance scheme is registered in respect of the year preceding the 
registration year, be accompanied by evidence that the scheme is approved by the 
appropriate agency.  
(3) Where a compliance scheme is approved after the date specified in paragraph (1) for 
applying for registration, the scheme operator must apply for registration as soon as practicable 
after receiving notice of the approval.  
(4) The charge in paragraph 3(2) of Schedule 1 must be paid when the application is made.  
(5) An application for the registration of a compliance scheme must be signed by  an approved 
person of the scheme operator  to verify the information contained in or accompanying the 
application . 
(6) Any information provided under this regulation must be as accurate as reasonably possible.  
Determination of application for compliance scheme registration  
60.—(1) An application for registration of a compliance scheme must be granted where — 
(a) the scheme operator has complied with regulation 59(2)  and (5); 
(b) the scheme operator has paid the charge referred to in regulation  59(4) ; 
(c) the appropriate agency is satisfied that the information provided in accordance with 
regulation 59(2)  satisfies regulation 59(6) ; and 
(d) the compliance scheme has been approved by the appropriate agency,  
and must otherwise be refused.  
(2) Where an application for registration of a compliance scheme is granted — 
(a) the appropriate agency must, within 28 days of its decision, notify the scheme operator in 
writing of its decision ; and 
(b) the compliance scheme is to be treated as registered from the date of the notice given 
under sub -paragraph (a) until any cancellation of the scheme’s registration in accordance 
with regulation 62. 
(3) Any decision of the appropriate agency to refuse to register a compliance scheme must be 
notified, within 28 days of the decision, to the scheme operator in writing together with — 
(a) the reasons for the decision ;  
 47 (b) a statement as to the right of appeal under regulation 112(2)(d) ; and 
(c) a statement that failure to comply with the requirement to register the compliance scheme 
under regulations 51(1)(b)  and 59 constitutes an offence under regulation 128(a) . 
(4) Where an application for registration is refused on the grounds of failure to meet the 
requirements of  regulation  59(2)(e) , the scheme operator must make an application for approval of 
the compliance scheme in accordance with regulation 55 before making a further application for 
registration of the scheme under this regulation.  
Conditions of registration of a compliance scheme  
61. Registration of a compliance scheme is subject to the conditions that the scheme operator — 
(a) complies with the obligations set out in regulation 51 and the conditions of the 
compliance scheme’s approval set out in regulation 56; 
(b) provides any information reasonably requested by the appropriate agency with regard to 
the condition in paragraph (a) above;  
(c) within 28 days of any change in the membership of the scheme , notifies the appropriate 
agency in writing of that change;   
(d) informs the appropriate agency in writing of any material change in the information 
provided in accordance with regulation 59(2)(b)  or (c) within 28 days of the occurrence 
of any such change;  
(e) provides records and reports to the appropriate agency as required by regulation 63 and a 
statement of compliance as required by regulation 64; 
(f) complies with the most recent version of the compliance scheme’s operational plan that 
has been submitted to and approved by the appropriate agency.  
Cancellation of registration of a compliance scheme  
62.—(1) The appropriate agency may cancel the registration of a compliance scheme where it 
appears to the appropriate agency that the scheme operator — 
(a) is in breach of any of the conditions set out in regulation 61; or 
(b) has knowingly or recklessly supplied information to the appropriate agency which is false 
or misleading  in a material particular, in connection with the application for registration, 
or with compliance with the conditions set out in regulation 61. 
(2) The appropriate agency must cancel the registration of a compliance scheme if it withdraws 
approval of the scheme.  
(3) Before cancelling the registration of a compliance scheme the appropriate agency must serve 
on the scheme operator written notice of — 
(a) its decision to cancel the registration ; 
(b) the reasons for the decision ; 
(c) the right of appeal under regulation 112(2)(e) ; and 
(d) the date when the cancellation will take effect, which must be no earlier than the date of 
the notice.  
(4) A scheme operator must give written notice to each member of the compliance scheme 
immediately if the scheme operator receive notice of cancellation of the scheme’s registration 
under paragraph (3).   
 48 CHAPTER 4 
Compliance schemes: records, reports and certificates  
Records and reports  
63.—(1) A scheme  operator must  maintain, and retain for at least seven years after they are 
made, records for each calendar year of— 
(a) the information reported to the appropriate agency under regulation 51(3)(b)  in relation to 
each producer that is a member of the compliance scheme in that year;   
(b) the total number of tonnes of packaging waste in each packaging category in relation to  
which the scheme operator is responsible under regulation 51(3)(c)  for carrying out 
recycling obligations ; 
(c) the amount in tonnes, to the nearest tonne, of packaging waste in each packaging category  
received for recycling at a reprocessing site, or at an overseas reprocessing site as set out 
in the PRNs or PERNs acquired by the scheme operator.  
(2) The scheme operator must report the information referred to in paragraph (1)(b) and (c) to 
the appropriate agency in accordance with paragraphs (3) and (4).  
(3) Reports under paragraph (2) must be made for each calendar year and submitted to the 
appropriate agency on or before 31st January in the year following the year to which the 
information relates.  
(4) A report under paragraph (2) must be — 
(a) made in such form as the appropriate agency specifies;  
(b) as accurate as reasonably possible; and  
(c) verified by the signature of an approved person of the scheme operator.  
(5) The records maintained under paragraph (1) must be made available, on demand, to the 
appropriate agency.  
Statement  of compliance  
64.—(1) In relation to each year that a compliance scheme is registered, the  scheme  operator 
must send a statement to the appropriate agency  in accordance with this regulation.  
(2) The statement required by paragraph (1) must be sent to the appropriate agency by 31st 
January in each year following the year to which the statement relates.  
(3) The statement must — 
(a) confirm whether or not the scheme operator has complied with the requirements which 
apply to the compliance scheme under regulation 51 for the previous year of registration; 
and 
(b) be signed by an approved person of the scheme operator to verify that statement.  
PART 6 
Disposal costs  
CHAPTER 1 
General  
Interpretation of this Part  
65.—(1) In this Part  and in Schedule 7 —  
 49 “administration fee” means the fee payable to the scheme administrator for each assessment 
year by liable producers under regulation 68(2)(b)  and by liable holding companies under 
paragraph 6(1)(b)(ii)  of Schedule 9;  
“assessment year” means a period commencing on 1st April in one year and ending on 31st 
March in the following year in respect of which — 
(a) the chargeable disposal costs of each relevant authority are to be assessed ; and 
(b) a disposal fee and an administration fee are payable by each liable producer , 
and “assessment year” preceded by a year means the assessment year commencing on 1st 
April in that year;  
“chargeable administration costs” has the meaning given in regulation 73(2) ;  
“chargeable disposal costs”, in relation to a relevant authority and an assessment year, 
means — 
(a) the relevant authority’s net efficient disposal costs for that assessment year, unless 
paragraph (b) applies; or  
(b) where the relevant authority’s net efficient disposal costs for that assessment year are 
adjusted under regulation 80(8) , those costs as so adjusted;  
“disposal costs” means — 
(a) the costs of relevant authorities referred to in regulation 77(1)  as read together with 
paragraphs (2) and (3) of that regulation; and  
(b) public information disposal costs;  
“disposal fee” means the fee payable to the scheme administrator for each assessment year by 
liable producers under regulation 68(2)(a)  and by liable holding companies under paragraph 
6(1)(b)(i)  of Schedule 9;  
“efficient disposal costs” has the meaning given in regulation 78(6) ; 
“liable holding company”, in relation to an assessment year, means a holding company which 
is part of a group registration and is liable under paragraph 6(1)(b)  of Schedule 9 to pay 
disposal fees and administration fees to the scheme administrator for that assessment year;  
“liable producer” in relation to an assessment year, means a producer who is liable under 
regulation 68 to pay a disposal fee and an administration fee to the scheme administrator for 
that assessment year;  
“modulate” has the meaning given in regulation 72(3) ; 
“net efficient disposal costs” means the efficient disposal costs in an assessment year, less 
waste income for that year, as determined under regulation 79(3) ; 
“public information disposal costs” means costs incurred by the scheme administrator in 
providing a public information service about — 
(a) the management of packaging waste; and  
(b) the prevention of packaging litter.  
(2) Where packaging sub -categories have been specified under regulation 7(10)  for a packaging 
category (“the sub-divided  packaging category”) for the purposes of a provision in this Part, a ny 
reference in that provision to a packaging category is to be read, in relation to the sub-divided  
packaging category , as a reference to th ose packaging sub -categories.  
(3) In this Part —  
(a) references to packaging, or to any description of packaging, do not include — 
(i) exempt packaging; or  
(ii) subject to regulation  148(2) , drink containers made of any material other than glass ;  
(b) references to packaging waste or to any description of packaging waste do not, subject to 
regulation 148(2) , include drink containers made of any material other than glass.    
 50 CHAPTER 2 
The scheme administrator  
Scheme administrator  
66.—(1) The Secretary of State for Environment, Food and Rural Affairs, the Welsh Ministers, 
the Scottish Ministers and DAERA acting jointly — 
(a) must appoint the scheme administrator for the purposes of these Regulations, when this 
regulation comes into force, and whenever the office of scheme administrator becomes 
vacant;  
(b) may revoke the appointment of the scheme administrator.  
(2) The scheme administrator is to have the functions conferred on it by these Regulations.  
(3) Schedule 7 makes further provision in relation to the scheme administrator.  
Power to direct the scheme administrator  
67.—(1) Where paragraph (3) applies, the appropriate authorities may, acting jointly, direct the 
scheme administrator — 
(a) to take the action specified in the direction ; or 
(b) to refrain from taking the action specified in the direction.  
(2) Where paragraphs (3) and (4) apply, a single appropriate authority may direct the scheme 
administrator — 
(a) to take the action specified in the direction ; or 
(b) to refrain from taking the action specified in the direction.  
(3) This paragraph applies if — 
(a) the scheme administrator is acting, proposing to act, or failing to act ; and 
(b) in the opinion of each of the appropriate authorities who are issuing the direction, that 
action or failure to act is likely to have an adverse impact on the environmental effects 
which the extended producer responsibility for packaging policy is intended to achieve , as 
set out in a statement under regulation 139. 
(4) This paragraph applies if — 
(a) the direction relates solely to the performance by the scheme administrator of its 
functions in the nation of the United Kingdom for which the authority giving the direction 
is the appropriate authority ; and 
(b) the direction does not concern any matter outside the competence of the appropriate 
authority in question.  
(5) The appropriate authorities may not issue a direction to the scheme administrator under 
paragraph (1) or (2) unless — 
(a) the statement required under regulation 139 has been published ; and 
(b) the appropriate authorities issuing the direction have consulted the scheme administrator 
on the terms of the proposed direction.  
(6) A direction given under paragraph (1) or (2) must — 
(a) explain why the appropriate authorities consider that the conditions in paragraph (3) and, 
where applicable, paragraph (4) are satisfied;  
(b) specify what action the scheme administrator is to take, or to refrain from taking;  
(c) give the reasons for requiring the scheme administrator to take, or refrain from taking, the 
action specified in the direction.  
(7) The scheme administrator must comply with any direction given under this regulation.   
 51 (8) A copy of a direction given under paragraph (1) or (2) must be published by the appropriate 
authorities.  
(9) In paragraph (3)(b), “the extended producer responsibility for packaging policy” means the 
policy of imposing extended responsibility on producers in relation to packaging  and packaging 
waste, including the imposition of liability on producers to pay disposal fees.  
CHAPTER 3 
Producer responsibility for disposal and administration costs  
Liability of producers to pay annual disposal and administration fees  
68.—(1) A producer is a liable producer in relation to an assessment year if, in the calendar year 
ending on the 31st December preceding the start of that assessment year, the producer — 
(a) is a brand owner, a packer/filler, an importer or first UK owner, a distributor, an online 
marketplace operator or a service provider;  
(b) is a large producer; and  
(c) supplies household packaging.  
(2) A producer must, for each assessment year in relation to which the producer is a liable 
producer, pay to the scheme administrator in accordance with regulation 76— 
(a) a disposal fee; and  
(b) an administration fee.  
(3) The scheme administrator must for each assessment year , as soon as reasonably practicable 
after the start of the assessment year — 
(a) calculate for each liable producer the amounts of — 
(i) the disposal fee payable by that producer, in accordance with regulations 69 to 72 
and 74; and  
(ii) the administration fee payable by that producer, in accordance with regulations 73 
and 74; and  
(b) serve a notice of liability in accordance with regulation 75. 
(4) In relation to corporate bodies that are registered with the appropriate agency as a group 
under paragraph 4 of Schedule 9, this Chapter applies subject to the modifications in paragraph 6 
of Schedule 9. 
Calculation of disposal fee s  
69. The disposal fee payable by a liable producer for an assessment year is to be calculated as 
the sum of — 
A + B + C  
where — 
(a) “A” is the sum of the fee for each packaging category of household packaging waste for 
which the liable producer is responsible, as calculated under regulation 70 and, where 
regulation 72 applies, modulated under that regulation;  
(b) “B” is the liable producer’s share of the public information disposal costs expected to be 
incurred by the scheme administrator, calculated under regulation 71; 
(c) “C” is the provision for impairments  calculated for the liable producer  under regulation  
74(4)(a) .  
 52 Calculation of disposal fee: household packaging waste  
70.—(1) The scheme administrator must, for each liable producer, calculate the fee for each 
packaging category of household packaging waste supplied by  that producer in accordance with 
the following formula — 
 
where — 
“CW” is the weight in tonnes of household packaging in that packaging category reported  by 
the producer as having been supplied in the calendar year ending before the start of the 
assessment year, after subtraction of the weight in tonnes of waste in that packaging category 
which is off -set under paragraphs (2) to (4);  
“D” is the sum of the chargeable disposal costs of all relevant authorities for the assessment 
year in relation to household packaging waste in that packaging category;  
“E” is the total weight in tonnes of household packaging in that packaging category which the 
scheme administrator calculates has been supplied by all liable producers in the calendar year 
ending before the start of the assessment year.  
(2) In calculating CW for a packaging category for the purposes of paragraph (1), the scheme 
administrator must off -set the weight in tonnes of relevant packaging waste in that packaging 
category  which the liable producer — 
(a) has collected from consumers and sent for recycling at the liable producer’s  own cost; 
and 
(b) has evidence has been recycled.  
(3) In calculating E for the purposes of paragraph (1), the scheme administrator — 
(a) must take into account all household packaging reported  by all liable producers  except for 
any such packaging which is, or will be, exempt packaging in the relevant year ; and  
(b) may estimate the weight, if any, of household packaging which has been supplied by 
liable producers whom it appears to the scheme administrator have not complied, or not 
fully complied , with their reporting obligations in relation to the household packaging 
they have supplied.  
(4) In this regulation, “relevant packaging waste” has the meaning given in regulation 42(4) . 
Calculation of disposal fee: costs of providing public information  
71.—(1) The scheme administrator must calculate each liable producer’s share of public 
information disposal costs as the sum of the amounts calculated for that producer under 
paragraphs (2), (4) and (6). 
(2) Each liable producer’s share of public information disposal costs under this paragraph is the 
amount calculated in accordance with the formula — 
 
where — 
“PIC” is the total amount of public information disposal costs which the scheme administrator 
assesses under regulation 83 are likely to be incurred in the assessment year , less any part of 
that amount which the scheme administrator divide s between certain producers under 
paragraph s (3) and (4)  or paragraphs (5) and (6) ;   
 53 “TW” is the total weight in tonnes of household packaging calculated by the scheme 
administrator as having been supplied by all liable producers in the calendar year ending 
before the start of the assessment year;  
“CW” is the weight in tonnes of household packaging reported  by the liable producer for 
whom the calculation is being made as having been supplied in the calendar year ending 
before the start of the assessment year.  
(3) Where a public information campaign relates only to packaging and packaging waste in 
certain packaging categories, the scheme administrator may choose to divide the costs of that 
campaign only among liable producers supplying household packaging in those packaging 
categories,  in which case paragraph ( 4) applies.  
(4) Where this paragraph applies, the scheme administrator must calculate the share of the costs 
of the campaign for which each producer referred to in paragraph ( 3) is liable, in accordance with 
the formula in paragraph ( 2) where— 
“PIC” is the total amount of costs which the scheme administrator assesses are likely to be 
incurred in the assessment year in relation to that campaign;  
“TW” is the total weight in tonnes of household packaging in the packaging categories in 
question calculated  by the scheme administrator as having been supplied by all liable 
producers in the calendar year ending before the start of the assessment year;  
“CW” is the weight in tonnes of household packaging in those packaging categories reported  
by the liable producer for whom the calculation is being made as having been supplied in the 
calendar year ending before the start of the assessment year.  
(5) Where a public information campaign relates only to the prevention of packaging litter, the 
scheme administrator may choose to divide the costs of that campaign only  among liable 
producers who supply commonly binned or littered items  of household packaging , in which case 
paragraph (6) applies . 
(6) Where this paragraph applies, the scheme administrator must calculate the share of the costs 
of the campaign for which each producer referred to in paragraph (5) is liable, in accordance with 
the formula in paragraph (2) where — 
“PIC” is the total amount of costs which the scheme administrator assesses are likely to be 
incurred in the assessment year in relation to that campaign;  
“TW” is the total weight in tonnes of commonly binned or littered items of household 
packaging calculated by the scheme administrator as having been supplied by all liable 
producers in the calendar year ending before the start of the assessment year;  
“CW” is the weight in tonnes of commonly binned or littered items of household packaging 
reported  by the liable producer for whom the calculation is being made as having been 
supplied in the calendar year ending before the start of the assessment year.  
(7) In calculating TW for the purposes of paragraph (2), (4) or (6) , the scheme administrator —  
(a) must take into account all packaging reported  by all liable producers  for whom the 
calculation under that paragraph is being made , except for any such packaging which is, 
or will be, exempt packaging in the assessment year ; and  
(b) may estimate how much, if any — 
(i) household packaging , where calculating TW for the purposes of paragraph (2) ; 
(ii) household packaging in a packaging category , where calculating TW for the 
purposes of paragraph (4) ; or  
(iii) commonly binned or littered items  of household packaging , where calculating TW 
for the purposes of paragraph (6) , 
have  been supplied by liable producers whom it appears to the scheme administrator have 
not complied, or not fully complied , with their reporting obligations in relation to the 
packaging they have supplied.   
 54 Household packaging waste d isposal fees: modulation  
72.—(1) This regulation applies in relation to the calculation of disposal fees payable by liable 
producers for the 2026 assessment year and subsequent assessment years.  
(2) Subject to paragraph s (12)(b) and (1 3), the scheme administrator must, for each liable 
producer, modulate in accordance with this regulation the amounts calculated under regulation 70 
(“household packaging waste disposal fees”) for each packaging category of household packaging  
supplied by the producer.  
(3) In this regulation, to “modulate” an amount means to — 
(a) apply an increase to the amount;  
(b) apply a reduc tion to  the amount; or  
(c) leave the amount unchanged , 
for the purposes in paragraph (4) . 
(4) Those purposes are — 
(a) to reflect the extent to which household packaging supplied by the producer in the 
packaging category in question is environmentally sustainable; and  
(b) to incentivize the producer to use packaging which is more environmentally sustainable.  
(5) Where the scheme administrator modulates an amount that has been calculated for a liable 
producer under regulation 70, it must use the modulated amount in calculating the disposal fee 
payable by the producer.  
(6) For the purposes of this regulation, packaging is “environmentally sustainable” if it is 
designed and manufactured to reduce — 
(a) its impact on the environment; and  
(b) the generation of waste.  
(7) In assessing the extent to which household packaging is environmentally sustainable, the 
scheme administrator must take into account one or more of the following factors — 
(a) whether the packaging is reusable;  
(b) the extent to which the packaging is reused;  
(c) the recyclability of the packaging;  
(d) the environmental impact s of the manufacture, transportation and use of the packaging;  
(e) the environmental impact of the packaging when it becomes waste.  
(8) Where a liable producer has not provided sufficient information to enable the scheme 
administrator to determine for the purposes of paragraph ( 4)(a) the degree of environmental 
sustainability of all the household packaging supplied by that producer in a packaging category, 
the scheme administrator is to treat that packaging as having the same degree of environmental 
sustainability as the least environmentally sustainable household packaging in that packaging 
category.  
(9) The scheme administrator must, in determining how to modulate a household packaging 
waste disposal fee, take into account any foreseeable environmental implications of its proposed 
decision . 
(10) Where a household packaging waste disposal fee or part of such a fee relates to medical 
packaging, the scheme administrator must, in modulating that fee, take into account whether any 
other legislation which applies to the medical packaging prevents the producer from using, or 
restricts the ability of the producer to use, more environmentally sustainable packaging.  
(11) The scheme administrator may not modulate household packaging waste disposal fees for 
an assessment year in a way which, tak ing all those modulations  together, ha s the effect of 
increasing the total of th ose fees to an amount which is greater than the total amount of net 
efficient disposal costs likely to be incurred by relevant authorities in that assessment year in 
relation to household packaging waste.  
(12) The scheme administrator —  
 55 (a) must modulat e household packaging waste disposal fees under this regulation  in 
accordance with the statement of policy published by the scheme administrator under 
paragraph 8 of Schedule 7; and  
(b) may not make any modulations  unless it has published that statement.  
(13) Where paragraph (14) applies, t he scheme administrator may defer starting to modulate 
household packaging waste disposal fees for  online marketplace operators , either for one or more 
packaging categories or for all packaging categories,  until a later assessment year than the 2026 
assessment year .  
(14) This paragraph applies if— 
(a) the scheme administrator specifie s packaging sub -categories for the purposes of  
paragraph 3 of Schedule 4 in relation to categories of producers other than online 
marketplace operators; and  
(b) the scheme administrator considers that —  
(i) it would be significantly more burdensome for online marketplace operators than for 
other classes of producers to be required to collect and report the information 
referred to in paragraph 3 of Schedule 4 for those packaging sub -categories ; and  
(ii) that burden would be disproportionate to the environmental benefit of modulating 
the fees for online marketplace operators .  
Calculation of administration fee  
73.—(1) The scheme administrator must, for each assessment year — 
(a) determine its chargeable administration costs , in accordance with paragraph (2); and  
(b) calculate the amount of the administration fee payable by each liable producer, in 
accordance with paragraph (3).  
(2) For the purposes of  paragraph (1)(a) , “chargeable administration costs” means  the amount 
which the scheme administrator considers will enable it — 
(a) to meet the expenses, other than public information disposal costs, that it expects to incur 
in that assessment year in carrying out its functions or for any incidental purposes;  
(b) to pay any interest on relevant borrowing , and to repay the principal of any relevant 
borrowing which is repayable during the assessment year ; and  
(c) to meet relevant commencement expenses . 
(3) The administration fee payable by each liable producer must be calculated as— 
F + G  
where — 
“F” is the liable producer’s share of chargeable administration costs, which is to be calculated 
by dividing the amount determined by the scheme administrator under paragraph (1)(a) 
between all liable producers in the same proportion s as disposal fees are divided between 
liable producers for that assessment year ; and  
“G” is the provision for impairments calculated for the liable producer under regulation 
74(4)(b) . 
(4) In paragraph (2) — 
“relevant borrowing” means  any money borrowed by the scheme administrator which has 
been used for the purpose of meeting expenses incurred in relation to its assumption or 
exercise of functions under these Regulations;  
“relevant commencement expenses” means  expenses incurred by the scheme administrator in 
preparation for the exercise of its functions under these Regulations.   
 56 Provision for impairments  
74.—(1) The scheme administrator must, for each assessment year, determine  the percentage of  
(A+B), and of F, which is to be added to those amounts as provision for impairments.  
(2) In these Regulations, an “impairment” means a fee or part of a fee charged to a liable 
producer which the scheme administrator is unable to recover, due to the producer’s insolvency or 
any other reason.  
(3) The scheme administrator must make the determination under paragraph (1) in accordance 
with IFRS Accounting Standards (a). 
(4) The scheme administrator must calculate , for each liable producer — 
(a) the amount (“C”) to be included in  the liable producer’s disposal fee for the assessment 
year as a provision for impairments, where C is equal to the relevant percentage of 
(A+B) ; 
(b) the amount (“G”) to be included in the liable producer’s administration fee for the 
relevant year as a provision for impairments, where G is equal to the relevant percentage 
of F. 
(5) In this regulation — 
“(A+B)” means the sum of A and B, where “A” and “B” ha ve the meaning s given in 
regulation 69; 
“F” has the meaning given in regulation  73(3) ;  
“the relevant percentage” means the percentage determined by the scheme administrator under 
paragraph (1) for the assessment year.  
Notice of liability  
75.—(1) The scheme administrator must, for each assessment year, give each liable producer 
notice in writing of — 
(a) the disposal fee payable by that producer for the assessment year; and  
(b) the administration fee payable by that producer for the assessment year.  
(2) That notice must — 
(a) state the amount of the disposal fee due, and set out how that amount has been calculated, 
including the details in sub -paragraphs (b) , (c) and (d) ; 
(b) state the amount of packaging reported  by the producer which has been off -set against the 
total amount of packaging supplied by the producer for the purposes of regulation 70(1) , 
and how that off -set has been applied;  
(c) where the amounts calculated under regulation 68 have been modulated under regulation 
72, state for each packaging category of household packaging waste supplied by the 
producer — 
(i) whether the amount calculated under regulation 68 has been increased, reduced or 
left unchanged;  
(ii) the amount of any increase or reduction;  
(iii) the reasons for the decisions referred to in paragraphs (i) and (ii) ; 
(d) state how much of the disposal fee is a provision for impairments;  
(e) state the amount of the administration fee due, and set out how that amount has been 
calculated , including how much of the administration fee is a provision for impairments ; 
 
(a) IFRS Accounting Standards are published by the International Accounting Standards Board. They are available to view at 
https://www.ifrs.org/issued -standards/list -of-standards/  (registration for a free account is required). Hard copies can be 
purchased online at https:shop.ifrs.org.   
 57 (f) the dates on which instalments of the disposal fee and administration fee are due, and the 
amount of each instalment;  
(g) if interest is payable on any amounts referred to in sub -paragraph ( f) which are not paid 
by the due dates — 
(i) a statement to that effect; and  
(ii) the rate of interest payable;   
(h) a statement that the amount payable by the producer is subject to change following a 
recalculation under Chapter 5. 
(3) The notice must also — 
(a) provide information on the scheme administrator’s complaints procedure;  
(b) state the rights of appeal available under regulation 113. 
Payments and interest  
76.—(1) A producer who has received a notice of liability under regulation 75 must pay the 
disposal fee and the administration fee stated in the notice for the assessment year to the scheme 
administrator in quarterly instalments, or as otherwise specified in the notice of liability, by the 
date or dates specified in the notice of liability (the “due date”).  
(2) The scheme administrator may , if the notice of liability includes a statement in accordance 
with regulation 75(2)(g) , charge a producer interest at the rate stated in that notice on the amount 
of any disposal fees which are not paid by the producer by the due date.  
(3) Any disposal fee or interest which is owed to the scheme administrator under this regulation 
may be recovered as a debt due to the scheme administrator.  
(4) A liable producer contravenes this paragraph (and, accordingly, is liable to civil sanctions 
under regulation 133 and Schedule 13) if the producer fails to pay an amount specified in a notice 
of liability by 50 days after the due date.  
CHAPTER 4 
Assessment of disposal costs  
Disposal costs of relevant authorities  for household packaging waste  
77.—(1) For the purposes of this Chapter, the disposal costs incurred by a relevant authority in 
relation to the management of household packaging waste include — 
(a) the costs of recovery operations (including recycling) and disposal operations in relation 
to that waste, including — 
(i) collection ; 
(ii) sampling, sorting and other operations preliminary to the recovery or disposal of 
waste ; 
(iii) recovery and disposal  operations ; 
(iv) storage ; 
(v) transfer ; and 
(vi) export;  
(b) the costs of managing that waste through household waste recycling centres, including the 
costs referred to in sub -paragraph (a) in relation to such waste;  
(c) the costs to the authority of providing public information about the management of 
household packaging waste, including the costs associated with both the planning and the 
execution of any information campaigns;  
(d) the costs of marketing household packaging waste recovered for recycl ing. 
(2) For the purposes of paragraph (1) —  
 58 (a) disposal costs include the costs of maintaining, operating and renewing vehicles, waste 
containers and receptacles, and other equipment, buildings and premises required for the 
recovery and disposal operations referred to in paragraph (1)(a) and (b);  
(b) a “household waste recycling centre” is a place provided by a relevant authority in its area 
for the depositing of household waste by residents in its area and the recovery  or disposal  
of such waste.  
(3) Where any of the processes referred to in paragraph (1) are undertaken — 
(a) by the relevant authority using its own staff, the costs of the process concerned are to be 
treated as including the costs of staff and other administrative or managerial costs 
associated with that process;  
(b) by a third party on behalf of the authority, the costs of the process concerned are to be 
treated as the sum of — 
(i) the amount charged to the authority by the third party for providing services to the 
authority in connection with that process, and  
(ii) the administrative and managerial costs to the authority arising from the 
arrangements with the third party.  
Assessment by the scheme administrator: relevant authority disposal costs  
78.—(1) The scheme administrator must, for each relevant authority, make the assessments 
required by this regulation — 
(a) as soon as reasonably practicable after this regulation comes into force, for the 2025 
assessment year; and  
(b) by 1st November in 2025 and each subsequent year, for the assessment year beginning on 
the following 1st April.  
(2) The scheme administrator must assess for each relevant authority —  
(a) the efficient disposal costs of the relevant authority in providing a waste management 
service for household packaging waste in the assessment year — 
(i) in total ; and  
(ii) for each packaging category of household packaging waste that the relevant authority 
is likely to manage in that assessment year;  
(b) the weight, in tonnes, of household packaging waste in each packaging category that the 
relevant authority is likely to manage in that assessment year.  
(3) In assessing the efficient disposal costs referred to in paragraph (2)(a), the scheme 
administrator must, for the 2027 assessment year and any subsequent assessment year, take into 
account the factors referred to in regulation 81(1)(c) . 
(4) The scheme administrator must assess — 
(a) the total weight, in tonnes, of household packaging waste likely to be managed by all 
relevant authorities in the assessment year; and  
(b) the sum of the efficient disposal costs of all relevant authorities in the assessment year in 
providing a waste management service for household packaging waste.  
(5) The scheme administrator must assess, for each packaging category of household packaging 
waste — 
(a) the total weight, in tonnes, of household packaging waste in that packaging category 
which is likely to be managed by all relevant authorities in the assessment year;  
(b) the weight of household packaging waste assessed under sub-paragraph ( a) which is 
likely to be sent for recycling in the United Kingdom or exported for recycling in the 
assessment year;   
 59 (c) the weight of household packaging waste assessed under sub-paragraph ( a) which is 
likely to be subject to recovery operations other than recycling or to disposal operations 
in the United Kingdom in the assessment year; and  
(d) the sum of the efficient disposal costs of all relevant authorities in the assessment year in 
providing a waste management service for household packaging waste in that packaging 
category.  
(6) In this regulation, the “efficient disposal costs” of a relevant authority are the disposal costs 
the relevant authority would incur if it provided an efficient waste management service.  
(7) For the purpose of paragraph ( 6), a relevant authority provides an efficient waste 
management service if the disposal costs of the authority are as low as reasonably possible, taking 
into account — 
(a) the waste management service provided by the authority ; and  
(b) any other factors specific to that authority, or to the area in relation to which it exercises 
its waste management functions, which in the opinion of the scheme administrator are 
likely to affect its disposal costs.  
Adjustments to disposal costs: waste income and determination of net efficient disposal costs  
79.—(1) The scheme administrator must, for each assessment year, make the assessment in 
paragraph (2) and the calculations in paragraphs (3) and (4) in relation to each relevant authority — 
(a) as soon as reasonably practicable after this regulation comes into force, for the 2025 
assessment year; and  
(b) by 1st November in 2025 and each subsequent year, for the assessment year beginning on 
the following 1st April.  
(2) The scheme administrator must assess the amount of waste income which the relevant 
authority is likely to receive in the assessment year through the sale of household packaging waste 
for recycling, other recovery operations or disposal, in each packaging category of household 
packaging waste that the authority is likely to manage in the assessment year.  
(3) The scheme administrator must calculate the net efficient disposal costs of the relevant 
authority for each packaging category of household packaging waste that the authority is likely to 
manage in the assessment year, in accordance with the formula — 
EDC – EWI 
where — 
“EDC” means the efficient disposal costs of the relevant authority for that packaging category 
of household packaging waste, as assessed under regulation 78(2)(a)(ii) ; and  
“EWI” means the expected waste income of the relevant authority for that packaging category 
of household packaging waste, as assessed under paragraph (2).  
(4) The scheme administrator must determine the total net efficient disposal costs of the relevant 
authority for the assessment year by adding together the amounts calculated under paragraph (3) 
for all packaging categories of household waste that the authority is likely to manage in the 
assessment year.  
Adjustments to disposal costs: effective service  
80.—(1) In each assessment year commencing with the 2028 assessment year, the scheme 
administrator must assess the extent to which each relevant authority is providing an effective 
waste management service in relation to household packaging waste  (an “effectiveness 
assessment”) . 
(2) The scheme administrator may also  make effectiveness assessments in the 2026 and 2027  
assessment years if it is  satisfied that it has sufficient data to make those  assessment s in relation to 
all relevant authorities for that assessment year.   
 60 (3) In making an effectiveness assessment in relation to a relevant authority, the scheme 
administrator may consider the following factors, where relevant to the relevant authority, together 
with any other factors the scheme administrator considers relevant — 
(a) the amount  of household packaging waste in each packaging category likely to be 
managed by the relevant authority in the assessment year;  
(b) the proportion of that packaging waste which is being recycled by or on behalf of the 
relevant authority;  
(c) any factors specific to the relevant authority or to the area in relation to which the 
relevant authority exercises its waste management functions, which in the opinion of the 
scheme administrator are likely to affect the performance of that relevant authority, 
including but not limited to the factors referred to in regulation 81(1)(c) ; 
(d) government policies on waste management in any part of the United Kingdom, and 
regulatory requirements affecting waste management, so far as they are relevant to the 
relevant authority;  
(e) the waste management service provided by other relevant authorities in a comparable 
position to the first relevant authority;  
(f) how much household packaging waste a relevant authority in a comparable position to the 
first relevant authority would be able to manage in a year through recycling, other 
recovery operations and disposal operations if it was following good practice in waste 
management.  
(4) The scheme administrator must, in carrying out an effectiveness assessment in relation to a 
relevant authority, take into account any factors referred to in paragraph (3) (c)— 
(a) in assessing whether that relevant authority is in a comparable position to other relevant 
authorities for the purposes of paragraph (3) (e) and (f) ; and 
(b) in making the assessment referred to in paragraph (1) in relation to that relevant authority 
for the 2027 assessment year, or for a later assessment year.  
(5) In assessing what amounts to good practice for the purposes of paragraph (3)(f), the scheme 
administrator may consider local, national or international examples of good practice.  
(6) If the scheme administrator assesses that a relevant authority is not providing an effective 
waste management service it must — 
(a) give notice in writing to the relevant authority, setting out the reasons why the scheme 
administrator considers that the authority is not providing an effective waste management 
service;  
(b) provide the relevant authority with a reasonable opportunity to discuss with the scheme 
administrator — 
(i) the scheme administrator’s assessment ;  
(ii) the waste management service being delivered by the relevant authority in relation to 
packaging waste ; and 
(iii) how that service can be improved to make it more effective;  
(c) after complying with sub -paragraphs (a) and (b), propose actions  for the relevant 
authority to take to improve its waste management service so that it is providing an 
effective waste management service (“improvement actions ”). 
(7) Paragraph (8) applies if, at the expiry of a period specified by the scheme administrator to 
the relevant authority  when proposing improvement actions , the scheme administrator considers 
that the relevant authority — 
(a) is still not providing an effective waste management service ; and 
(b) is not doing everything the authority can be reasonably expected to do to improve its 
waste management service in order to provide an effective waste management service.  
(8) Where this paragraph applies, the scheme administrator may adjust the chargeable disposal 
costs of the relevant authority for the following assessment year, by applying to the relevant  
 61 authority’s net efficient disposal costs a reduction of such percentage as the scheme administrator 
considers appropriate to take account of the extent to which the waste management service 
provided by the authority is not an effective one.  
(9) The scheme administrator may not under this regulation reduce the chargeable disposal costs 
of a relevant authority for an assessment year to an amount which is less than 80% of its net 
efficient disposal costs for that year.  
(10) Where the scheme administrator reduces a relevant authority’s chargeable disposal costs 
under paragraph (8), it must calculate — 
(a) the relevant authority’s chargeable disposal costs for each packaging category of 
household packaging waste that the relevant authority is likely to manage in the 
assessment year, by applying the percentage reduction determined under paragraph (8) to 
the relevant authority’s net efficient disposal costs for each such category as calculated 
under regulation 79(3) ; and  
(b) the relevant authority’s total chargeable disposal costs, by applying that percentage 
reduction to the relevant authority’s total net efficient disposal costs as calculated under 
regulation 79(4) . 
(11) In this regulation — 
(a) references to providing an effective waste management service are to providing an 
effective waste management service in relation to household packaging waste; and  
(b) in paragraph (8), “the following assessment year” means the assessment year after the 
assessment year in which the scheme administrator makes a determination under 
paragraph (7).  
Procedure for assessments  
81.—(1) In making any assessments or adjustments under regulations 78, 79 and 80, the scheme 
administrator may — 
(a) use data available in relation to a relevant authority relating to the years before the 
assessment year or data relating to the assessment year, to the extent that such data can be 
verified by the scheme administrator ; 
(b) supplement that data with any comparative data which the scheme administrator 
considers relevant ; and 
(c) use a standard model adjusted to reflect the factors specific to the relevant authority, 
including any or all of the following factors — 
(i) the frequency, pattern and type of collections of household packaging waste in the 
area of that authority (“the relevant area”);  
(ii) the population density in the relevant area;  
(iii) the type and accessibility of dwellings in the relevant area;  
(iv) the levels of deprivation in the relevant area;  
(v) government policies and the regulatory requirements affecting waste management to 
which the authority is subject;  
(vi) any other factor the scheme administrator considers relevant to the assessment.  
(2) The scheme administrator must, in making any of the assessments and adjustments referred 
to in paragraph (1) — 
(a) subject to paragraph (3), consult with the relevant authority concerned ;  
(b) seek to support the achievement of the effects  set out in the policy statement publishe d 
under regulation 139; and  
(c) seek to incentivise —  
(i) the prevention of packaging becoming waste;   
 62 (ii) an increase in the reuse of packaging, and the quality and quantity of packaging 
waste materials recycled; and  
(iii) a reduction in the  disposal of packaging waste;  
(d) take into account the guidance published by the scheme administrator under paragraph 6 
of Schedule 7 . 
(3) Paragraph (2)(a) does not apply in relation to any assessment made in relation to the 2025 
assessment year.  
(4) The scheme administrator may request from the relevant authority any information needed to 
enable it to make the assessments and adjustments referred to in paragraph (1).  
Notice of assessment  
82.—(1) The scheme administrator must, in relation to each assessment year, give each relevant 
authority a notice in writing (an “assessment notice”) in accordance with this regulation.  
(2) An assessment notice must be given — 
(a) as soon as reasonably practicable after this regulation comes into force, in relation to the 
2025 assessment year; and  
(b) by 1st November in 2025 and each subsequent year, in relation to the assessment year 
beginning on the following 1st April.  
(3) An assessment notice must include the following information — 
(a) the scheme administrator’s assessments of the relevant authority’s — 
(i) efficient disposal costs for each packaging category;  
(ii) waste income for each packaging category;  
(iii) net efficient disposal costs for each packaging category; and  
(iv) chargeable disposal costs,  
for the assessment year to which the assessment notice relates;  
(b) information showing how each of the amounts referred to in sub -paragraph (a)(i) to (iv) 
has been determined;  
(c) if a reduction has been made to the relevant authority’s net efficient disposal costs under 
regulation 80(8) — 
(i) the amount of the reduction; and  
(ii) an explanation of the reasons for the reduction, including the reasons why the 
scheme administrator has determined that the relevant authority is still not providing 
an effective waste management service;  
(d) the total payments which the scheme administrator anticipates making to the relevant 
authority in the financial year to which the assessment notice relates;  
(e) the date or dates on which payments are expected to be made to the relevant authority, 
and the payment method that will be used;  
(f) a statement that the amount to be paid to the relevant authority is subject to change 
following a determination under regulation 84(4)  or a recalculation under Chapter 5. 
(4) An assessment notice must also include —  
(a) information on the scheme administrator’s complaints procedure ; and 
(b) a statement of the right of appeal under regulation 113. 
Assessment of disposal costs: scheme administrator public information services  
83.—(1) The scheme administrator must determine the costs it expects to incur in the 
assessment year in providing a public information service about each of the matters specified in 
paragraph 4(1) of Schedule 7.   
 63 (2) The costs to be taken into account in that assessment include costs associated with carrying 
out any of the activities specified in paragraph 4(2) of Schedule 7 in relation to those matters.  
(3) Where a public information service is provided — 
(a) by the scheme administrator using its own staff, the cost of providing that service is to be 
treated as including the costs of staff and other associated administrative or managerial 
costs;  
(b) by a third party on behalf of the scheme administrator, the cost of providing that service is 
to be treated as the sum of — 
(i) the amount charged to the scheme administrator by the third party for providing that 
service to the scheme administrator in connection with that process ; and 
(ii) the associated administrative and managerial costs of the scheme administrator.  
(4) In making the assessment under paragraph (1), the scheme administrator may take into 
account any available data, including data relating to years preceding the assessment year.  
Distribution to relevant authorities and the scheme administrator  
84.—(1) The scheme administrator must apply the disposal fees received, or due to be received, 
from producers under Chapter 3 in — 
(a) making payments to relevant authorities towards their chargeable disposal costs ; and 
(b) meeting the scheme administrator’s public information disposal costs.  
(2) The scheme administrator must ensure that, so far as possible, where sufficient disposal fees  
have been received, or are due to be received, from liable producers — 
(a) the amount paid to a relevant authority in relation to an assessment year is equal to the 
chargeable disposal costs of the relevant authority for that assessment year ; and 
(b) its public information disposal costs are met.  
(3) A scheme administrator is not required to distribute to relevant authorities more than the 
total amount of disposal fees  that has been received, or is due to be received, from producers, after 
taking account of its public information disposal costs.  
(4) Where the disposal fees received, or expected to be received, from producers under these 
Regulations are not sufficient to cover the total chargeable disposal costs of all relevant authorities 
and the public information disposal costs of the scheme administrator, the scheme administrator 
may determine — 
(a) what proportion of the total amount of those disposal fees is to be — 
(i) distributed to relevant authorities ; and 
(ii) applied in meeting its public information disposal costs ; and 
(b) how the total amount to be distributed to relevant authorities is to be divided between 
those authorities.  
(5) Payments must be made to relevant authorities in quarterly instalments during the financial 
year, at the end of each quarter, or following such other period as may be determined by the 
scheme administrator.  
(6) Where , as a result of a determination under paragraph (4), the scheme administrator  intends 
to change the amounts or dates of payments to a relevant authority that were stated in an 
assessment notice given to the relevant authority under regulation 82, the scheme administrator 
must — 
(a) give the relevant authority notice in writing of that change; and  
(b) set out in that notice the reason for the change .  
 64 Relevant authorities: costs of providing information  
85.—(1) A relevant authority may, by invoicing the scheme administrator in accordance with 
paragraph (6), charge the scheme administrator its reasonable costs of providing information to the 
scheme administrator where — 
(a) the scheme administrator has requested the information under regulation 81(4) ; 
(b) the relevant authority provides the information pursuant to a consultation under regulation 
81(2)(a) , and the conditions in paragraph (2) are satisfied; or  
(c) the relevant authority provides the information in support of a complaint, made in 
accordance with the scheme administrator’s complaints procedure, about an assessment 
or adjustment made under regulations 78 to 80 or a recalculation made under regulation 
88 in relation to the relevant authority, and the conditions in paragraph (3) are satisfied.  
(2) The conditions in this paragraph are that — 
(a) before providing the information, the relevant authority submits a proposal in writing to 
the scheme administrator which — 
(i) describes the information which the relevant authority wishes to submit to the 
scheme administrator;  
(ii) explains why the relevant authority wishes to submit that information; and  
(iii) gives the date by which the relevant authority proposes to submit the information;  
(b) the scheme administrator gives the relevant authority notice  in writing that, if the relevant 
authority submits that information, or such part of that information as is specifie d in the 
notice , by a date specified in the notice , then the scheme administrator will meet the 
relevant authority’s reasonable costs of providing the information; and  
(c) the relevant authority provides to the scheme administrator the information specified in 
the notice under sub -paragraph (b) by the date specified in that notice . 
(3) The conditions in this paragraph are that  the scheme administrator — 
(a) decides as a result of the complaint to revise the assessment , adjustment  or recalculation  
complained about in the relevant authority’s favour; and  
(b) considers the information was relevant to its decision . 
(4) Where the scheme administrator receives a proposal from a relevant authority under 
paragraph (2)(a), it must, within 3 months of receiving the proposal —  
(a) give the relevant authority a notice under paragraph (2)(b); or  
(b) inform the relevant authority that it does not agree to meet its costs of providing any of 
the information, giving the reason for that decision.  
(5) Where the scheme administrator determines a complaint about a matter referred to in 
paragraph (1) I in the relevant authority’s favour, the scheme administrator must notify the relevant 
authority in writing  for the purposes of paragraph (3)(b) — 
(a) which, if any, of the information provided by the relevant authority it considers relevant 
to its decision; and  
(b) its reasons, if it considers that any of the information provided by the relevant authority 
was not relevant.  
(6) A relevant authority — 
(a) may only invoice the scheme administrator for the costs of providing information to the 
scheme administrator after it has provided that information;  
(b) may not issue more than one such invoice in each assessment year; and  
(c) may include in an invoice the costs of providing information — 
(i) in the assessment year in which the invoice is issued; and  
(ii) in the last 3 months of the previous assessment year, provided that those costs have 
not previously been invoiced.   
 65 CHAPTER 5  
Recalculations  
Recalculations  
86.—(1) The scheme administrator may — 
(a) where regulation 87(1)  applies, recalculate the amount of — 
(i) the disposal fee;  
(ii) the administration fee; or  
(iii) both of those fees,  
 payable by a liable producer in relation to an assessment year,  
(b) where regulation 88(1)  applies, recalculate the chargeable disposal costs of a relevant 
authority in relation to an assessment year.  
(2) The scheme administrator may carry out a recalculation — 
(a) subject to regulation 89(3) , at any time during the assessment year (an “interim 
recalculation”); and  
(b) subject to regulation 89(5)  to (7), at any time after the end of the assessment year (a 
“year -end recalculation”).  
Recalculation of disposal and administration fees  
87.—(1) The scheme administrator may recalculate the amount of the disposal fee payable by a 
liable producer in relation to an assessment year if the scheme administrator considers that there is 
likely to be a material difference between the amount that the producer has previously been 
assessed as being liable to pay and that amount as recalculated because the scheme 
administrator — 
(a) receives further information relating to a matter referred to in paragraph (2)(a);  
(b) discovers an error in the calculation of the liability of the producer;  
(c) determines that the total amount of disposal fees received or recoverable from all liable 
producers is likely to be greater or less than the sum of — 
(i) the total chargeable disposal costs of all relevant authorities; and  
(ii) the public information disposal costs of the scheme administrator; or 
(d) reasonably considers on any other ground that there is likely to be such a material 
difference.  
(2) A recalculation of the disposal fee payable by a liable producer for an assessment year is to 
be carried out by re -making the calculations in regulations 69 to 72 and 74(4)(a)  for the producer, 
taking into account — 
(a) any further information relevant to those calculations which the scheme administrator has 
received since the producer’s disposal fee for that assessment year was previously 
calculated, including information relating to — 
(i) the amount of packaging in each packaging category supplied by the producer, or by 
all liable producers, in the calendar year ending on the 31st December before the start 
of the assessment year ;  
(ii) the total chargeable disposal costs of all relevant authorities for the assessment year; 
or 
(iii) the amount of public information disposal costs incurred by (or, in the case of an 
interim recalculation, expected to be incurred by) the scheme administrator in the 
assessment year;  
(b) the outcome of any complaint or appeal by the producer relating to the calculation of the 
producer’s disposal fee for the assessment year;   
 66 (c) any other matters which the scheme administrator considers relevant.  
(3) The scheme administrator may recalculate the amount of the administration fee payable by a 
liable producer in relation to an assessment year if the scheme administrator considers that there is 
likely to be a material difference between the amount that the producer has previously been 
assessed as being liable to pay and that amount as recalculated because — 
(a) the scheme administrator has recalculated the disposal fee payable by the producer for the 
assessment year;  
(b) the chargeable administration costs of the scheme administrator for the assessment year 
are greater or less than previously determined by the scheme administrator;   
(c) the scheme administrator discovers an error in the calculation of the liability of the 
producer;  
(d) the scheme administrator determines that the total amount of administration fees received 
or recoverable from all liable producers is likely to be greater or less than the chargeable 
administration costs of the scheme administrator; or 
(e) the scheme administrator reasonably considers on any other ground that there is likely to 
be such a material difference.  
(4) A recalculation of the administration fee payable by a liable producer is to be carried out by 
re-making the calculations in regulations 73 and 74(4)(b)  for the producer, taking into account — 
(a) any changes since the producer’s administration fee for that assessment year was 
previously calculated to — 
(i) the disposal fee payable by the producer for the assessment year; or  
(ii) the chargeable administration costs of the scheme administrator for the assessment 
year;  
(b) the outcome of any complaint or appeal by the producer relating to the calculation of the 
producer’s administration fee for the assessment year;  
(c) any other matters which the scheme administrator considers relevant.  
(5) Where  the scheme administrator determines upon a recalculation under this regulation that 
the amount of the disposal fee or the administration fee which a liable producer is liable to pay in 
relation to an assessment year is greater or less than the amount previously notified to the 
producer — 
(a) the scheme administrator must serve on the producer a notice under regulation 90; 
(b) if the producer’s recalculated disposal fee is greater than the amount already paid by the 
producer to the scheme administrator in relation to the assessment year, the producer is 
liable to pay to the scheme administrator the difference between those amounts;  
(c) if the producer’s recalculated disposal fee is less than the amount already paid by the 
producer to the scheme administrator in relation to the assessment year, the scheme 
administrator must refund or credit  to the producer the difference between those amounts.  
Recalculations: chargeable disposal costs  
88.—(1) The scheme administrator may recalculate the chargeable disposal costs of a relevant 
authority in relation to an assessment year if the scheme administrator considers that there is likely 
to be a material difference between that relevant authority’s chargeable disposal costs as 
previously calculated and those costs as recalculated because the scheme administrator — 
(a) receives further information relating to a matter referred to in paragraph (2)(a);  
(b) discovers an error in the calculation of any element of the chargeable disposal costs in 
relation to the relevant authority; or  
(c) reasonably considers on any other ground that there is likely to be such a material 
difference.   
 67 (2) A recalculation of the chargeable disposal costs of a relevant authority is to be carried out by 
re-making the assessments and adjustments in Chapter 4 for that relevant authority, taking into 
account — 
(a) any further information relevant to those assessments and adjustments which the scheme 
administrator has received since the relevant authority’s chargeable disposal costs were 
previously determined, including information as to —  
(i) the efficient disposal costs of the relevant authority for the assessment year ; 
(ii) the waste income received (or, in the case of an interim recalculation, likely to be 
received) by the relevant authority in the assessment year ;  
(iii) the scheme administrator’s assessment of the effectiveness of the waste management 
service provided by the relevant authority for the purposes of regulation 80;  
(b) the outcome of any complaint or appeal by the relevant authority relating to the 
determination of the relevant authority’s chargeable disposal costs for the assessment 
year;  
(c) any other matters which the scheme administrator considers relevant.  
(3) Where the scheme administrator determines upon a recalculation under this regulation that 
the amount of a relevant authority’s chargeable disposal costs in relation to an assessment year is 
greater or less than the amount previously notified to the relevant authority — 
(a) the scheme administrator must serve on the relevant authority a notice under regulation 
91; 
(b) if the relevant authority’s recalculated chargeable disposal costs are greater than the 
amount already paid to the relevant authority in relation to the assessment year, the 
scheme administrator must increase the amount to be paid to the relevant authority under 
regulation 84 in the assessment year in which the recalculation is made, or a subsequent 
assessment year, to cover the difference;  
(c) if the relevant authority’s recalculated chargeable disposal costs are less than the amount 
already paid to the relevant authority in relation to the assessment year, the scheme 
administrator must deduct the amount of the excess from the amount to be paid to the 
relevant authority under regulation 84 in the assessment year in which the recalculation is 
made, or a subsequent assessment year.  
Recalculations: supplementary  
89.—(1) The scheme administrator may carry out an interim recalculation or a year -end 
recalculation in relation to — 
(a) a single liable producer or relevant authority; or  
(b) more than one liable producer or relevant authority, at the same or different times; or  
(c) all liable producers or relevant authorities.  
(2) The scheme administrator may carry out in relation to an assessment year — 
(a) both an interim recalculation and a year -end recalculation; or  
(b) more than one of either type or both types of recalculation,  
in relation to the same liable producer or relevant authority.  
(3) The scheme administrator may determine that no further interim recalculations in relation to 
an assessment year are to be commenced after a date in the assessment year specified by the 
scheme administrator.  
(4) If the scheme administrator makes a determination under paragraph (3), it must give notice 
of that determination to all liable producers and relevant authorities.  
(5) The scheme administrator may not make a year -end recalculation — 
(a) more than 4 years after the end of the assessment year to which the recalculation relates 
(“the four -year period”), unless paragraph (6) applies; or   
 68 (b) more than 10 years after the end of the assessment year to which the recalculation relates, 
in any event.  
(6) This paragraph applies if — 
(a) the scheme administrator obtains information giving it reasonable grounds to consider 
that there is likely to be a material difference as referred to in regulation 87(1)  or 88(1)  
after the end of the four -year period ; and 
(b) the scheme administrator did not obtain the information earlier because of — 
(i) deliberate action or omission by a producer, or a relevant authority or a person acting 
on their behalf; or  
(ii) the failure by a producer to comply with its obligations under these Regulations.  
(7) Where paragraph (6) applies, the scheme administrator must complete any subsequent 
recalculation as soon as reasonably practicable after the scheme administrator has obtained the 
new information.  
(8) Whether to carry out a recalculation, and subject to paragraphs (3) to (7) the timing of any 
recalculation, are matters for the discretion of the scheme administrator, and no liable producer or 
relevant authority has a right to have a recalculation carried out, or to have a recalculation carried 
out within any particular time.  
(9) Paragraph (8) does not apply to a recalculation which is necessary to give effect to a decision 
of an appeal body.  
(10) Any notice served on a liable producer by the scheme administrator under regulation 75 or 
90 remains valid unless it is withdrawn by the scheme administrator or replaced by a new notice, 
and the producer remains liable to pay the amount specified in such a notice notwithstanding that 
the scheme administrator — 
(a) is carrying out a recalculation, or a further recalculation, of the producer’s disposal fee or 
administration fee; or  
(b) has grounds for carrying out such a recalculation.  
Recalculation notices: producers  
90.—(1) Paragraph (2) applies where the scheme administrator has carried out a recalculation 
under regulation 87 of the disposal fees or administration fees of one or more liable producers  for 
an assessment year .  
(2) Where this paragraph applies, the scheme administrator must serve on each affected 
producer a notice in writing which must — 
(a) state the revised amount of the disposal fee or administration fee payable by the producer 
for the assessment year;  
(b) set out how that revised amount has been calculated;  
(c) where the producer’s disposal fee or administration fee has been revised, include a 
statement of account for the assessment year setting out — 
(i) the amount, if any, which the producer has already paid towards that fee for the 
assessment year;  
(ii) if the amount already paid by the producer is less than the producer’s revised 
disposal fee or administration fee for the assessment year, the amount owed by the 
producer;  
(iii) if the amount already paid by the producer is greater than the producer’s revised 
disposal fee or administration fee for the assessment year, the amount which the 
producer is entitled to be credited or refunded;  
(d) where the producer owes an amount, state the date by which that amount must be paid;  
(e) where a credit or refund is due to the producer, state — 
(i) whether a credit or a refund will be made; and   
 69 (ii) the date on which the credit or refund will be made;  
(f) include any other information which would be required by regulation 75(2)  in a notice of 
liability being issued under that regulation;  
(g) provide information on the scheme administrator’s complaints procedure; and  
(h) set out the right of appeal under regulation 113(1)(b) . 
(3) A notice issued in relation to an assessment year to an affected producer under paragraph (2) 
replaces any notice previously issued to the producer under regulation 75 or this regulation in 
relation to that assessment year.  
(4) Regulation 76 (payments and interest) applies in relation to an amount owed by a producer 
pursuant to a notice under paragraph (2).  
(5) In this regulation an “affected producer” means a producer whom the scheme administrator 
has determined upon a recalculation is — 
(a) liable to pay an increased disposal fee in respect of an assessment year; or  
(b) entitled to be credited or refunded part of the amount of the disposal fee the producer has 
paid, or has previously been notified that it is liable to pay, in respect of the assessment 
year.  
Recalculation notices: relevant authorities  
91.—(1) Paragraph (2) applies where the scheme administrator has carried out a recalculation 
under regulation 88 of the chargeable disposal costs of one or more relevant authorities.  
(2) Where this paragraph applies, the scheme administrator must serve on each affected relevant 
authority a notice in writing which must — 
(a) state the revised amount of the relevant authority’s chargeable disposal costs for the 
assessment year;  
(b) set out how that revised amount has been calculated;  
(c) include a statement of the difference between — 
(i) each of the costs for the assessment year notified to the relevant authority under 
regulation 82; and 
(ii) the relevant authority’s revised chargeable disposal costs for the assessment year, as 
calculated under regulation 88; 
(d) state the amount which will be — 
(i) paid to the relevant authority ; or 
(ii) deducted from the monies to be distributed to the relevant authority;  
(e) state the date when — 
(i) any additional distribution will be made to the relevant authority ; or 
(ii) the deduction referred to in sub -paragraph (d)(ii) will be made;  
(f) provide information on the scheme administrator’s complaints procedure; and  
(g) set out the right of appeal under regulation 113(4)(a)(iii) . 
(3) A notice issued in relation to an assessment year to an affected relevant authority under 
paragraph (2) replaces any notice previously issued to the relevant authority under regulation 82 or 
this regulation in relation to that assessment year.  
(4) In this regulation an “affected relevant authority” means, in relation to a recalculation under 
regulation 88, a relevant authority whose chargeable disposal costs in respect of an assessment 
year are revised by the scheme administrator upon that recalculation.   
 70 PART 7 
Reprocessors and exporters  
CHAPTER 1 
Interpretation  
Interpretation  
92.—(1) In this Part and in Schedule 8— 
“accredited” means accredited under Chapter 3 of this Part to issue PRNs or PERNs;  
“appropriate agency” has the meaning given in — 
(a) regulation 5(2), in relation to an exporter;  
(b) regulation 5(3), in relation to a reprocessor;  
“exporter” means a person who, in the ordinary course of business , exports for recycling  
outside the United Kingdom  packaging waste which — 
(a) is owned by that person ; or 
(b) that person has owned, prior to transferring ownership of it to an operator of an overseas 
reprocessing site;  
“issue”, in relation to a PRN or PERN, means to supply to a producer or scheme operator, or 
to the representative of a producer or scheme operator, and a n accredited reprocessor or 
exporter who is also a producer or scheme operator may issue a PRN or PERN to themselves;  
“overseas reprocessing site” means a site outside the United Kingdom at which recycling of 
packaging waste takes place;  
“PERN” means a packaging waste export recycling note issued by an accredited exporter in a 
format specified by the appropriate agency, as evidence that the tonnage of packaging waste 
specified in the note has been exported  and received for recycling at an overseas reprocessing 
site; 
“PRN” means a packaging waste recycling note issued by an accredited reprocessor in a 
format specified by the appropriate agency, as evidence that the tonnage of packaging waste 
specified in the note has been received for recycling at a reprocessing site ; 
“relevant authorisation ” has the meaning given in paragraph ( 3), read together with paragraph s 
(4) and (5) ; 
“reprocessing site”, except in the expression “overseas reprocessing site” , means a site in the 
United Kingdom at which recycling of packaging waste takes place;  
“reprocessor” means a person who, in the ordinary course of business, carries out one or more 
recycling activities in relation to packaging waste;  
“tonnage band” means one of the following amounts of packaging waste — 
(a) up to 500 tonnes;  
(b) up to 5,000 tonnes;  
(c) up to 10,000 tonnes; or  
(d) over 10,000 tonnes.  
(2) In this Part and Schedule 8 — 
(a) a reference to a “category” of packaging waste is a reference to packaging waste 
composed of one of the materials listed in regulation 7(4)(a) to ( g). 
(b) a reference to an accreditation “corresponding” to a registration, or vice versa, is a 
reference to — 
(i) a registration and an accreditation held by, or applied for by, the same reprocessor 
which relate to the same category of packaging waste recycled at the same 
reprocessing site; or   
 71 (ii) a registration and an accreditation held by, or applied for by, the same exporter 
which relate to the same category of packaging waste.  
(3) In these Regulations, “relevant authorisation” , in relation to a reprocessor or exporter,  means  
any authorisation, licence, permit or registration listed in paragraph (4) which that person is 
required by any legislation to have, in order to — 
(a) carry out any of the activities which that person carries out in relation to packaging waste; 
or 
(b) operate any site at which that person carries out those activities.  
(4) The authorisations, licences, permits and registrations referred to in paragraph (3) are — 
(a) a waste management licence granted under section 36 of the 1990 Act;  
(b) a permit granted under — 
(i) regulation 13(1) of the Environmental Permitting (England and Wales) Regulations 
2016 ; 
(ii) the Pollution Prevention and Control (Scotland) Regulations 2012( a); or 
(iii) regulation 10 of the Pollution Prevention and Control (Industrial Emissions) 
Regulations (Northern Ireland) 2013( b); 
(c) an authorisation granted under the Environmental Authorisations (Scotland) Regulations 
2018( c); 
(d) an authorisation granted under Article 6 of the Industrial Pollution Control (Northern 
Ireland) Order 1997( d); 
(e) a licence granted under Article 8 of the Waste and Contaminated Land (Northern Ireland) 
Order 1997;  
(f) registration as a carrier of waste, under — 
(i) the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 
1991( e);  
(ii) the Control of Pollution (Amendment) Act 1989( f) and the Waste (England and 
Wales) Regulations 2011( g); or 
(iii) the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 
(Northern Ireland) 1999( h); 
(g) registration as a broker or dealer of waste, under — 
(i) the Control of Pollution (Amendment) Act 1989 and the Waste (England and Wales) 
Regulations 2011 ; 
(ii) the Waste Management Licensing (Scotland) Regulations 2011( i); or 
(iii) the Waste Management Licensing Regulations (Northern Ireland) 2003 (j). 
(5) A requirement for a person to have a relevant authorisation for an activity is to be treated as 
met if the activity does not require an authorisation listed in paragraph ( 4) by virtue of — 
(a) an exemption registered under regulation 19 of the Waste Management Licensing 
(Scotland) Regulations 2011;  
(b) an exempt waste operation under the Environmental Permitting (England and Wales) 
Regulations 2016;  
 
(a) S.S.I. 2012/360.  
(b) S.R. 2013 No 160.  
(c) S.S.I. 2018/219.  
(d) S.I. 1997/2777 (N.I. 18).  
(e) S.I. 1991/1624.  
(f) 1989 c. 14.  
(g) S.I. 2011/988.  
(h) S.R. 1999 No. 362.  
(i) S.S.I. 2011/228.  
(j) S.R. 2003 No. 493.   
 72 (c) registration in connection with exempt activities under regulation 18 of the Waste 
Management Licensing Regulations (Northern Ireland) 2003.  
CHAPTER 2 
Registration  
Registration : reprocessor s 
93.—(1) A reprocessor (“R”) must , on and after  1st January 2026,  be registered  with the 
appropriate agency — 
(a) separately for each category of packaging waste recycled  at each reprocessing site  
operated by R ;  
(b) for any year in which that category of packaging waste is recycled  at that reprocessing 
site. 
(2) R must  submit to the appropriate agency a separate application for registration as a 
reprocessor for each category of packaging waste recycled at each reprocessing site for which R 
wishes to be registered, stating in each case which recycling operations R wishes that registration 
to cover . 
(3) An application for registration under this regulation must be made — 
(a) on or before 1st October 20 25; or 
(b) if later, before the end of a period of 28 days starting with the day on which R first 
recycles  the category of packaging waste to which the application relates at the 
reprocessing site to which the application relates.  
(4) An application for registration under this regulation  must — 
(a) be made in such form and manner as the appropriate agency specifies ; 
(b) contain the information set out in paragraphs 1 to 9 of Schedule 8; 
(c) be accompanied by a plan (a “sampling and inspection plan”) for approval by the 
appropriate agency, setting out R’s arrangements for undertaking sampling and inspection 
of the packaging waste received for recycling  at that site ; and  
(d) be accompanied by such other information as the appropriate agency reasonably requires 
to determine the application.  
(5) The charge in paragraph 5(1) of Schedule 1 must be paid  for each application for registration 
made by a reprocessor, when the application is made . 
(6) Any information provided by a reprocessor to the appropriate agency in, or in relation to, an 
application for registration must be as accurate as reasonably possible.  
Registration : exporter s 
94.—(1) An exporter  (“E”) must , on and after  1st January 2026,  be registered  with the 
appropriate agency — 
(a) in relation to each category of packaging waste that E export s for recycling ; 
(b) in respect of any year in which E exports that category of packaging waste  for recycling . 
(2) E must  submit to the appropriate agency a separate application for registration as an exporter 
for each category of packaging waste that E wishes to be registered to export for recycling  outside 
the United Kingdom.  
(3) An application for registration under this regulation must be made — 
(a) on or before 1st October 20 25; or 
(b) if later, before the end of a period of 28 days starting with the day on which E first 
exports the category of packaging waste to which the application relates.  
(4) An application for registration under this regulation  must —  
 73 (a) be made in such form and manner as the appropriate agency specifies ; 
(b) contain the information set out in paragraphs 10 to 18  of Schedule 8;  
(c) be accompanied by a plan (a “sampling and inspection plan”) for approval by the 
appropriate agency, setting out E’s arrangements for undertaking sampling and inspection 
of the packaging waste E exports; and  
(d) be accompanied by such other information as the appropriate agency reasonably requires 
to determine the application.  
(5) The charge in paragraph 5(1) of Schedule 1 must be paid for each application for registration  
made by an exporter , when the application  is made.  
(6) Any information provided by an exporter to the appropriate agency in, or in relation to, an 
application for registration must be as accurate as reasonably possible.   
Determination of registration applications  
95.—(1) An application for registration as a reprocessor or an exporter must be determined by 
the appropriate agency before the end of a period of 12 weeks starting with — 
(a) the day on which a n application in accordance with regulation 93(4)  or 94(4)  is submitted 
to the appropriate agency ; or  
(b) if later, the day on which the charge payable for the application under regulation 93(5)  or 
94(5)  is paid. 
(2) The appropriate agency may require the applicant  to amend the arrangements described in its 
sampling and inspection plan as a condition of granting registration.  
(3) Subject to paragraph ( 4), an application for registration must be granted where — 
(a) the applicant has complied with regulation 93(4)  to (6) or regulation 94(4)  to (6), as 
applicable;  
(b) the appropriate agency is satisfied that the applicant holds all relevant authorisations ; and 
(c) the appropriate agency approves the arrangements proposed in the sampling and 
inspection plan,  
and must otherwise be refused.  
(4) The appropriate agency may refuse an application for registration under this regulation if the 
agency considers, on reasonable grounds, that the applicant  has supplied information in, or in 
relation to, the application which is false or misleading in a material particular.  
(5) When an application for registration has been determined — 
(a) the appropriate agency must notify the applicant  in writing of its decision within 28 days 
after the day on which it is made ; and 
(b) if the application has been refused, the notice must include — 
(i) the reasons for the refusal ; and 
(ii) the right of appeal under regulation 112(3)(a) . 
(6) The appropriate agency may require  the applicant  to pay the charge in paragraph 5(2) of 
Schedule 1, if the arrangements described in the applicant ’s sampling and inspection plan are 
changed before registration, whether at the request of the appropriate agency or otherwise.  
Conditions of registration  and annual charge  
96.—(1) A registration granted to  a reprocessor or an exporter is subject to the conditions that 
the reprocessor or exporter (“RE”) must — 
(a) operate in accordance with the sampling and inspection plan approved by the appropriate 
agency under regulation 95(3)(c) ; 
(b) provide any information reasonably requested by the appropriate agency with regard to 
the obligation referred to in sub-paragraph (a) ;  
 74 (c) inform the appropriate agency in writing of — 
(i) any change in RE’s circumstances which relates to the registration and, where RE is 
a partnership, any change of partners ; and 
(ii) any material change in the information provided in accordance with regulation  
93(4)(b)  or 94(4)(b) ,  
within  28 days of the occurrence of any such change ; 
(d) provide records and reports to the appropriate agency as required by regulation 99; 
(e) pay any charges due to the appropriate agency under these Regulations ; 
(f) give notice to  the appropriate agency in writing that RE wishes to cancel the registration 
where RE has ceased , or intends to cease by the end of the year in which the notice is 
given —  
(i) in the case of a reprocessor, to recycle the category of packaging waste to which the 
registration relates at the reprocessing site to which the registration relates;  
(ii) in the case of an exporter, to export for recycling the category of packaging waste to 
which the registration relates;  
(g) continue to hold, and comply with, all relevant authorisations ; 
(h) comply, where applicable, with — 
(i) the Transfrontier Shipment of Waste Regulations 2007( a); 
(ii) Regulation (EC) No 1013/2006 of the European Parliament and of the Council on 
shipments of waste( b); and 
(iii) Commission Regulation (EC) No 1418/2007 concerning the export for recovery of 
certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the 
European Parliament and of the Council to certain countries to which the OECD 
Decision on the control of transboundary movements of wastes does not apply( c); 
(i) inform the appropriate agency as soon as reasonably practicable if RE becomes aware 
that a circumstance in Schedule 3 has happened or is about to happen to it . 
(2) RE must , in relation to each registration that it holds,  pay the  annual  charge  in paragraph 
5(3) of Schedule 1 to the appropriate agency no later than 3 0th September in each year  after the 
year in which the registration is granted , unless RE has given notice to the appropriate agency 
under paragraph (1)(f) that it wishes the registration to be cancelled at or before the end of that 
year.  
Variation of sampling and inspection plan  
97.—(1) If a registered reprocessor or exporter (“RE”) wishes to operate otherwise than in 
accordance with the sampling and inspection plan approved by the appropriate agency under 
regulation 95(3)(c) (c) or 105(1)(a)  (“the approved plan”), RE must — 
(a) submit an amended sampling and inspection plan to the appropriate agency; and  
(b) pay the charge — 
(i) in paragraph 5(2) of Schedule 1  where the plan has been approved under regulation 
95(3)(c) (c); or  
(ii) in paragraph 6(4) of Schedule 1, where the plan has been approved under regulation 
105(1)(a) . 
(2) The appropriate agency must determine  whether it approves the amendments to the plan , and 
notify RE of its decision in writing, before the end of a period of 12 weeks after the date on which 
 
(a) S.I. 2007/1711.  
(b) EUR 2006/1013, amended by S.I. 2019/473, 590, 2020/1455, 2021/785.  
(c) EUR 1418/2007, amended by S.I. 2019/590 and 2021/785.   
 75 it receives the amended sampling and inspection plan or, if later, the date on which it receives 
payment of the charge referred to in paragraph (1)(b) . 
(3) RE must continue to operate in accordance with the approved plan until the appropriate 
agency notifies it that the amendments are approved.  
Cancellation of registration of reprocessors and exporters  
98.—(1) The appropriate agency may cancel the registration with it of a reprocessor or an 
exporter (“RE”) where it appears to the appropriate agency that — 
(a) RE is in breach of any of the conditions specified in regulation 96(1); or 
(b) RE knowingly or recklessly supplied information which is false or misleading in a 
material particular, in connection with RE’s application for registration, or with 
compliance with any of the conditions specified in regulation 96(1). 
(2) The appropriate agency must cancel the registration with it of RE where it appears to the 
appropriate agency that — 
(a) RE has died  or become incapacitated, or one of the relevant circumstances referred to in 
paragraph 4 of Schedule 3 applies  to RE  and RE has ceased trading ; or 
(b) if RE is a body corporate or a partnership one of the relevant circumstances referred to in 
paragraph 2 or 3 of Schedule 3 applies to RE  and RE has ceased trading ; or 
(c) if RE is a partnership, RE has been wound up.  
(3) Before cancellation of a registration under paragraph (1) or (2) above, the appropriate agency 
must serve on RE written notice of — 
(a) its decision to cancel ; 
(b) the reasons for the decision ; 
(c) the date when cancellation will take effect, not being earlier than the date of receipt of the 
notice ; 
(d) the right of appeal under regulation 112(3)(b) ; and 
(e) a statement advising RE that failure to comply with the requirement for registration in 
regulation 93 or 94 constitutes an offence under regulation 129. 
(4) Paragraph (3) does not apply where a registration is being cancelled because RE is dead.  
Records and reporting requirements for registered reprocessors and exporters  
99.—(1) Registered reprocessors and exporters must — 
(a) maintain, and retain for at least 7 years after the record is made, records of the 
information set out in paragraph 20 or 21 of Schedule 8, as applicable;  
(b) report that information to the appropriate agency — 
(i) in quarterly reports, before the 2 1st day of the month following the end of the quarter ; 
and 
(ii) in annual reports, before 2 1st March in the year following the year to which the 
report relates;  
(c) make the records available to the appropriate agency on demand.  
(2) The quarterly and annual reports required under paragraph (1)(b) are to be — 
(a) made in such form as the appropriate agency directs;  
(b) verified by the signature of an approved person of the reprocessor or exporter.  
(3) Where a reprocessor or exporter (“RE”) with a registration under this Chapter also has a 
corresponding accreditation under Chapter 3 — 
(a) paragraph (1) does not apply to RE in relation to packaging waste to which that 
accreditation applies; and   
 76 (b) the record keeping and reporting obligations of RE in relation to that packaging waste are 
those specified in the conditions of accreditation in Part 3 of Schedule 8 . 
CHAPTER 3 
Accreditation  
Prohibition on issuing PRN s and PERNs  unless accredited  
100.—(1) A person (“R”) must not , on or after 1st January 2026,  issue a PRN  unless — 
(a) the PRN relates to packaging waste received for recycling at a reprocessing site  operated 
by R ;  
(b) at the time the packaging waste is received at that reprocessing site, R is accredited in 
accordance with this Chapter  to issue PRNs in relation to the recycling of the category of 
packaging waste to which the PRN relates at that reprocessing site ; and   
(c) the PRN is issued either — 
(i) in the same year that the packaging waste is received at that reprocessing site; or  
(ii) no later than 31st January in the following year.  
(2) A person (“E”) must not , on or after 1st January 2026,  issue a PERN unless — 
(a) the PERN relates to packaging waste exported by E to an overseas reprocessing site for 
recycling ; 
(b) at the times the packaging waste is exported to, and received by, that overseas 
reprocessing site, E is accredited to issue PERNs in relation to the export of the category 
of packaging waste to which the PERN relates for recycling at that overseas reprocessing 
site; and  
(c) the PERN is issued either — 
(i) in the same year that the packaging waste is received at that overseas reprocessing 
site; or  
(ii) no later than 31st January in the following year.  
Requirements for a ccreditation  
101.—(1) A person may not be accredited under this Chapter to issue PRNs in relation to a 
category of packaging waste recycl ed at a reprocessing site unless the person is — 
(a) a reprocessor;  
(b) established in the United Kingdom; and  
(c) registered under regulation 93 in relation to  that category of packaging waste and 
reprocessing site.  
(2) A person may not be accredited under this Chapter to issue PERNs in relation to a category 
of packaging waste exported to an overseas reprocessing site unless the person is — 
(a) an exporter;  
(b) established in the United Kingdom; and  
(c) registered under regulation 94 in relation to the  export of that category of packaging 
waste to overseas reprocessing site s for recycling .  
(3) Paragraphs (1) I and (2) I do not prevent a person who applies for a registration from applying 
for a corresponding accreditation at the same time, or before the application for registration has 
been determined, but in such a case the appropriate agency must determine the application for 
registration first.   
 77 Application s for accreditation : reprocessor s 
102.—(1) This regulation applies to a reprocessor wishing to be accredited under this Chapter to 
issue PRNs in a year or part of a year (“R”).  
(2) R must  make a separate application to the appropriate agency for accreditation for each 
category of packaging waste recycled  at each reprocessing site for which R wishes to issue PRNs .  
(3) Each application must — 
(a) state—  
(i) the reprocessing site and the category of packaging waste in relation to which the 
application is being made;  
(ii) the tonnage band of packaging waste in that category to be recycled at that 
reprocessing site  for which the applicant is applying  to be accredited  to issue PRNs ; 
(iii) all information specified on the application form ; and 
(iv) any other information the appropriate agency reasonably requires in order to 
determine the application;  and 
(b) be accompanied by — 
(i) R’s sampling and inspection plan for the reprocessing site to which the application 
relates; and  
(ii) R’s business plan , which must include the information specified in regulation 104(4) .  
Applications for accreditation: exporters  
103.—(1) This regulation applies to an exporter wishing to be accredited under this Chapter to 
issue PERNs in a year or part of a year (“E”).  
(2) E must  make a separate application to the appropriate agency for accreditation for each 
category of packaging waste exported by E for which E wishes to issue PERNs . 
(3) Each application must — 
(a) state— 
(i) the category of packaging waste for which the application is being made;  
(ii) the tonnage band of packaging waste in that category  which E intends to export for 
recycling , for which E wishes to be accredited to issue PERNs ; 
(iii) if known at the time of making the application, the name and address of each 
overseas reprocessing site to which E intends to export that category of packaging 
waste ;  
(iv) all information specified on the application form; and 
(v) any other information the appropriate agency reasonably requires in order to 
determine the application; and  
(b) be accompanied by — 
(i) E’s sampling and inspection plan; and  
(ii) E’s business plan, which must include the information specified in regulation 104(4) . 
Applications for accreditation: general requirements  
104.—(1) An application by a reprocessor or exporter (“RE”) for an accreditation under this 
Chapter must  be— 
(a) made in such form and manner as the appropriate agency specif ies; and 
(b) signed by an approved person of RE to verify the information provided in the application 
and the documents accompanying it. 
(2) Any information provided by RE in, or in relation to, an application for accreditation must 
be as accurate as reasonably possible.   
 78 (3) The following charge must be paid at the time the application is made — 
(a) the charge in paragraph 6(1) of Schedule 1, for an application by a reprocessor; or  
(b) the charge in paragraph 6(2) of Schedule 1, for an application by an exporter . 
(4) For the purposes of regulations 102(3)(b)(ii)  and 103(3)(b)(ii)  a reprocessor or exporter’s 
business plan must contain information on how its revenue  from the issue of PRNs or PERNs is to 
be applied, including information on expenditure in respect of the following matters — 
(a) investment in infrastructure for recycling or  exporting, including both the development of 
new infrastructure, and support and maintenance of existing infrastructure;  
(b) price support provided for buying packaging waste or selling recycled packaging waste;  
(c) support for business collections;  
(d) communications, including national and local information campaigns, and direct contacts 
with suppliers;  
(e) the development of new markets for materials or goods made from recycled packaging 
waste in the United Kingdom and overseas;  
(f) the develop ment of  new uses for recycled packaging waste . 
(5) The appropriate agency may request RE to amend RE’s  sampling and inspection plan or 
business plan as a condition of granting an accreditation.  
(6) If RE amends its sampling and inspection plan or business plan before an application for 
accreditation  has been determined,  whether at the request of the appropriate agency or 
otherwise — 
(a) RE must s ubmit an  amended plan to the appropriate agency; and  
(b) the appropriate agency may require  RE to pay the charge  in paragraph  6(4) of Schedule 1 
before it determines whether it approves, or is satisfied with the contents of, the plan . 
Determination of accreditation applications  
105.—(1) An application by a reprocessor or exporter for an accreditation  under this Chapter — 
(a) must be granted where the appropriate agency approves RE’s  sampling and inspection 
plan and is satisfied as to the matters set out in paragraph ( 2), and  
(b) in any other case, must be refused.  
(2) The matters referred to in paragraph ( 1)(a) are— 
(a) that the application has been made in accordance with — 
(i) regulation 102 or 103, as applicable; and  
(ii) regulation 104;  
(b) that any charge s payable in relation to the application have been paid;  
(c) that RE — 
(i) has a registration that corresponds to the accreditation RE has applied for; and  
(ii) is a fit and proper person to be granted an accreditation;  
(d) the contents of RE’s  business plan;  
(e) where the application is made by an exporter for an accreditation and relates to one or 
more overseas reprocessing sites, that any recycling operations taking place on each such 
site take place under conditions that are broadly equivalent to requirements applicable to 
reprocessing sites in the United Kingdom . 
(3) The appropriate agency must give notice of its decision to the applicant in writing no later 
than 12 weeks after the date on which the agency has received an application which complies with 
paragraph (2)(a) and (b) . 
(4) Where the decision is to grant an accreditation to a reprocessor, t he decision notice must 
state—  
 79 (a) the category of packaging waste and the reprocessing site in relation to which the 
accreditation is granted;  
(b) the tonnage band  for which the reprocessor is  accredited to issue PRNs ; and  
(c) if applicable, any special conditions subject to which the accreditation is granted.  
(5) Where the decision is to grant an accreditation to an exporter, the decision notice must 
state— 
(a) the category of packaging waste in relation to which the accreditation is granted;  
(b) the tonnage band  for which the exporter is accredited to issue PERNs ; 
(c) except where the application was made without specifying any overseas reprocessing 
sites, the overseas reprocessing site or sites in relation to which accreditation is granted;  
and 
(d) if applicable, any special conditions subject to which the accreditation is granted.  
(6) If the decision is to refuse an accreditation, or to grant an accreditation subject to any special 
conditions, the decision notice must include the reasons for the decision and, where applicable, a 
statement of the right of appeal under regulation 112(3)(c)  or (d).  
(7) Subject to paragraph ( 8) and to regulation 108, where an accreditation is granted it is to take 
effect — 
(a) where the application is made in the preceding year to that in which the person wishes to 
be accredited — 
(i) from 1st January where the decision to accredit is made before that date ; and 
(ii) in all other cases, from the date of the decision,  
and it remains in force until 31st December in the year for which the person has applied 
for the accreditation ; 
(b) where the application is made during the year in which the person wishes to be 
accredited, from the date of the decision, and it remains in force until 31st December in 
that year.  
(8) Where an exporter has not identified in their application for accreditation the overseas 
reprocessing sites to which the exporter wishes to export packaging waste for recycling, their 
accreditation does not take effect until one or more overseas reprocessing sites have been added to 
the accreditation on an application under regulation 107(3) .  
(9) In this regulation, a “special condition” means a condition of an accreditation specified by 
the appropriate agency, which is to apply in addition to the conditions referred to in regulation 
106(b) . 
Conditions of accreditation  
106. An accredit ation granted to a reprocessor or exporter (“RE”) under this Chapter is subject 
to the conditions that RE — 
(a) continues to meet the requirements for accreditation in regulation 101(1)  or (2), as 
applicable;  
(b) complies with — 
(i) the conditions of registration in regulation 96; 
(ii) the conditions in Part 3 of Schedule 8; and  
(iii) any special conditions specified by the appropriate agency in the grant of 
accreditation;  
(c) inform s the appropriate agency in writing of — 
(i) any change in RE’s circumstances which relates to RE’s accreditation and, where RE 
is a partnership, any change of partners ; and  
 80 (ii) any material change in the information provided in accordance with regulation 
102(3)  or 103(3) ,  
at least 28 days before the occurrence of any such change, or, if later, as soon as 
reasonably practicable after RE becomes aware that the change is going to occur or has 
occurred ; and  
(d) does not issue any PRNs or PERNs otherwise than in accordance with regulation 100. 
Variation of accreditation  
107.—(1) A reprocessor or exporter (“RE”) may apply to the appropriate agency to vary an 
accreditation under this Chapter by increasing the amount of a category of packaging waste in 
relation to which  RE is accredited to issue PRNs or PERNs.  
(2) An application under paragraph (1) must — 
(a) be made in such form and manner as the appropriate agency specifies ;  
(b) state the new tonnage band  of packaging waste for which RE wishes to be accredited; and 
(c) be accompanied by payment of the charge  in paragraph  6(5) of Schedule 1.  
(3) An exporter (“E”) may apply to the appropriate agency to vary an accreditation to specify 
one or more overseas reprocessing site s, or additional  overseas reprocessing site s, in respect of 
which E is accredited to issue PERNs in relation to packaging waste of the category specified in 
the accreditation wh ich it exports for recycling to those sites.  
(4) An application under paragraph (3) must — 
(a) be made in such form and manner as the appropriate agency specif ies; 
(b) state the name and address of each overseas reprocessing site that E wishes to be 
specified in the accreditation; and  
(c) be accompanied by payment of the charge  in paragraph 6(6) of Schedule 1  for each such 
overseas reprocessing site . 
(5) An application under paragraph (1) or (3)  must be granted by the appropriate agency 
where — 
(a) the application has been made in accordance with paragraph (2) or (4), as applicable;  
(b) the charge  payable for the application has been paid;  
(c) the appropriate agency is satisfied that RE has complied with, and will continue to 
comply with, the conditions of accreditation referred to in regulation  106(b) ; and  
(d) in the case of an application under paragraph (3), the appropriate agency is satisfied that 
the recycling operations at each  overseas reprocessing site take place under conditions 
that are broadly equivalent to requirements applicable to reprocessing sites in the United 
Kingdom,  and 
and in any other case must be refused.  
(6) The appropriate agency must give the applicant notice in writing of its decision under 
paragraph (5) no later than 12 weeks after the date on which the agency has received a n 
application  which complies with paragraph (2) or (4), as applicable.  
(7) If the application is refused , the notice of decision  must include the reasons for the decision 
and, where applicable, a statement of the right of appeal under regulation 112(3) I. 
Suspension and cancellation of accreditation  
108.—(1) The appropriate agency may suspend or cancel an accreditation held by a reprocessor 
or exporter (“RE”) under this Chapter where it appears to it that — 
(a) RE has failed to comply, or there are reasonable grounds for considering that RE is likely 
to fail to comply, with any of the conditions specified in regulation 106;  
 81 (b) RE has knowingly or recklessly supplied information which is false or misleading in a 
material particular to the appropriate agency in, or in connection with — 
(i) an application for a registration under regulation 93 or 94;  
(ii) an application for an accreditation under regulation  102 or 103;  
(iii) an application to vary an accreditation under regulation  107; or 
(iv) any other requirement of these Regulations ; or 
(c) RE is not, or has at any time ceased to be, a fit and proper person.  
(2) Where the appropriate agency is no longer satisfied that the requirements in regulation 
105(2)(e)  or 107(5)(d) , as applicable, are met in relation to an overseas reprocessing site covered 
by an accreditation  held by an exporter , the appropriate agency must suspend or cancel the 
accreditation to the extent that it relates to exports to that site.  
(3) The appropriate agency must cancel an accreditation of RE where RE’s corresponding 
registration is cancelled under regulation 98. 
(4) Where the appropriate agency suspends or cancels an accreditation under paragraph (1), (2) 
or (3), it must serve on RE written notice of — 
(a) its decision to suspend or cancel (as the case may be) the accreditation ; 
(b) the reasons for the decision ; 
(c) the right of appeal under regulation 112(3)(f) ; 
(d) the date when the suspension or cancellation will take effect, not being earlier than the 
date of receipt of the notice ; and 
(e) in the case of a suspension, the period of the suspension or any steps which are required 
to be taken in order to bring the suspension to an end.  
(5) An accreditation of RE is deemed to be cancelled — 
(a) on the date on which RE ceases — 
(i) to hold a relevant authorisation ; or  
(ii) to be a reprocessor or exporter ; or 
(b) in a case where RE requests that the accreditation should be cancelled, with effect from 
the date for cancellation specified by RE. 
PART 8 
Corporate Groups, Licensors and Pub Operating Businesses  
Packaging supplied by corporate groups  
109. The provisions of Schedule 9 apply to corporate groups.  
Packaging supplied by licensors and their licensees, and by pub operating businesses and 
their tenants  
110.—(1) Part 1 of Schedule 10 applies to licensors.  
(2) Part 2 of Schedule 10 applies to pub operating businesses.   
 82 PART 9 
Appeals  
Interpretation  
111. In this Part, “appeal body” means — 
(a) in relation to England and Wales, the First -tier Tribunal;  
(b) in relation to Northern Ireland, the Planning Appeals Commission;  
(c) in relation to Scotland, for an appeal under — 
(i) regulation 112, the Scottish Ministers;  
(ii) regulation 113, the sheriff.  
Right of appeal : decisions of the appropriate agency and civil sanctions  
112.—(1) A producer may appeal to the appeal body against a decision of the appropriate 
agency — 
(a) to refuse to grant an application for registration under regulation 38(1) ; or 
(b) to cancel the producer’s registration under regulation 40(1) . 
(2) A scheme  operator may appeal to the appeal body against a decision of the appropriate 
agency — 
(a) to refuse to grant an application for approval of a compliance scheme under regulation 
55(4) ; 
(b) to grant approval subject to additional conditions under regulation 56(2) ; 
(c) to withdraw approval of a compliance scheme under regulation 57(1)(a)  or (3); 
(d) to refuse to grant an application for registration of a compliance scheme under regulation  
60(1) ; 
(e) to cancel the registration of a compliance scheme under regulation 62(1)  or (2). 
(3) A reprocessor or exporter may appeal to the appeal body against a decision of the 
appropriate agency — 
(a) to refuse to grant an application for a registration under regulation 95(3)  or (4); 
(b) to cancel a registration under regulation  98(1)  or (2); 
(c) to refuse an accreditation under regulation  105(1) ; 
(d) to grant an accreditation subject to a special condition under  regulation 105(4)(c)  or 
105(5)(d) ;  
(e) to refuse to vary an accreditation under regulation 107(5) ; or 
(f) to suspend or cancel accreditation under regulation  108(1) , (2) or (3). 
(4) A holding company may appeal to the appeal body against a decision of the appropriate 
agency — 
(a) to refuse to grant an application for a group registration under regulation 38 as applied by 
paragraph 4 (4) of Schedule 9;  
(b) to cancel a group registration under regulation 40 as applied by paragraph 4(6) of 
Schedule 9.  
(5) An approved person may appeal to the appeal body against a refusal to approve a delegation 
of their functions under regulation 145(3)  or the withdrawal of such an approval under regulation  
146(5) . 
(6) A person — 
(a) on whom a civil sanction has been imposed under regulation 133; or  
 83 (b) to whom an enforcement cost recovery notice has been issued under regulation 135, 
may appeal to the appeal body against the imposition of that sanction  or the issue of that notice . 
Right of appeal: disposal costs and scheme administrator costs  
113.—(1) A producer may appeal to the appeal body against a decision of the scheme 
administrator — 
(a) to issue a notice of liability to pay a  disposal fee or administration fee under regulation 
75; 
(b) to issue a notice of a revised fee under regulation  90. 
(2) A holding company may appeal to the appeal body against a decision of the scheme 
administrator — 
(a) to issue a notice of liability to pay a disposal fee or administration fee under regulation 75 
in relation to relevant group members within a group registration;  
(b) to issue a notice of a revised fee under regulation 90 in relation to such relevant group 
members.  
(3) The grounds for an appeal under paragraph (1) or (2) are that— 
(a) the producer or holding company is not liable to pay a disposal fee or administration fee ; 
or 
(b) the amount which the producer or holding company has been assessed as being liable to 
pay has been miscalculated.  
(4) A relevant authority may appeal to the appeal body against — 
(a) a decision of the scheme administrator — 
(i) assessing its  chargeable  disposal costs under Chapter 4 of Part 6 ; 
(ii) as to the amount to be distributed to the relevant authority under Chapter 4 of Part 6 ; 
or 
(iii) recalculating its chargeable disposal costs under Chapter 5 of Part 6 ; 
(b) a notice by the scheme administrator under regulation 85(6) that it intends to reduce a 
payment to the relevant authority;  
(c) a decision by the scheme administrator under regulation 85(5) , where it has determined a 
complaint by the relevant authority and that paragraph applies, that information provided 
by the relevant authority in support of the complaint was not relevant to its decision.  
(5) The grounds for an appeal under paragraph ( 4)(a) are that— 
(a) the chargeable disposal costs of the relevant authority have been miscalculated;  
(b) the scheme administrator has reduced the disposal costs of the relevant authority when it 
was not entitled to do so under regulation 79(3)  or 80(8) ; 
(c) that the scheme administrator has failed to comply with a procedural requirement  in 
Chapter 4 or 5 of Part 6 which applies in relation to the decision in question ; 
(d) that the scheme administrator has failed to pay the correct amount to the relevant 
authority under regulation  84. 
(6) The ground for an appeal under paragraph (4)(b) is that the scheme administrator’s 
determination of how to apportion the total amount available to be divided between relevant 
authorities is wrong.  
(7) The ground for an appeal under paragraph (4) I is that the information provided by the 
relevant authority in support of the complaint was relevant to the decision to uphold the complaint.  
(8) No appeal may be brought under paragraph (1), (2) or (4) (a) or (b)  of this regulation unless 
the appellant has first brought a complaint under the scheme administrator’s complaints procedure  
about the decision appealed against .  
 84 (9) Expressions used in this regulation which are defined in regulation 65(1)  have the meanings 
given in that regulation.  
Procedure on appeals  
114.—(1) The appeal body may, in relation to a decision, or the imposition of a requirement or 
service of a notice — 
(a) quash the decision, or withdraw the requirement or notice, in whole or in part;  
(b) confirm the decision, requirement or notice, in whole or in part;  
(c) vary the decision, requirement or notice in whole or in part;  
(d) take any steps the appropriate agency, the labelling authority or the scheme administrator 
could take in relation to the matters giving rise to the decision, or the act or omission 
giving rise to the requirement or notice;  
(e) remit the decision, including a decision whether to confirm the requirement or notice, or 
any matter relating to that decision, to the appropriate agency, the labelling authority or 
the scheme administrator.  
(2) Where an appeal is made to the Scottish Ministers, they may — 
(a) appoint any person to exercise on their behalf, with or without payment, the function of 
determining the appeal ; or 
(b) refer any matter involved in the appeal to such person as the Scottish Ministers may 
appoint for the purpose, with or without payment.  
(3) When an appeal is made to the Scottish Ministers or the Planning Appeals Commission, if 
the appellant so requests, or the Scottish Ministers or Planning Appeals Commission so decide, the 
appeal must be or continue in the form of a hearing.  
(4) Schedule 11 makes further provision about the procedure on an appeal.  
Status pending appeal  
115.—(1) Where an appeal is made to the appeal body under regulation 112 or 113, subject to 
paragraph s (2) and (3) , the decision which is the subject of the appeal has effect until the appeal is 
determined or withdrawn, unless the appeal body decides otherwise . 
(2) Any— 
(a) civil sanction imposed under regulation 133, other than a compliance notice ; or 
(b) enforcement cost recovery notice issued under regulation 135, 
which is the subject of the appeal is suspended until the appeal is determined or withdrawn.  
(3) In a case of an appeal under regulation 112(1)(b) , the decision appealed against is ineffective 
until the appeal is granted, dismissed or withdrawn; and if the appeal is dismissed or withdrawn 
the decision becomes effective from the end of the day on which the appeal is dismissed or 
withdrawn.  
Determination of appeals  
116. Where, following an appeal under this Part, the relevant appeal body determines that a 
decision of the scheme administrator, the labelling authority or the appropriate agency (“the 
decision maker”) is to be varied or remitted to the decision maker  for reconsideration, the decision 
maker  must — 
(a) comply with any directions given to it by the appeal body ; and 
(b) take any steps necessary to give effect to the appeal body’s determination.   
 85 PART 10 
Monitoring and enforcement  
CHAPTER 1 
Powers and duties of the appropriate agency  
Monitoring  
117.—(1) The appropriate agency shall monitor — 
(a) compliance by producers with — 
(i) their producer responsibility obligations  referred to in regulation 25; and 
(ii) the conditions of their registration in regulation 39; 
(b) compliance by scheme operators with — 
(i) the obligations referred to in regulation 51; and 
(ii) the conditions referred to in regulation 56(1) ; 
(c) compliance by reprocessors and exporters with the requirement to register in regulation s 
93(1)  and 94(1) ; 
(d) compliance by registered reprocesssors or exporters with the conditions of registration in 
regulation 96; 
(e) compliance by reprocessors and exporters with the prohibition in regulation 100 on 
issuing PRNs or PERNs unless they meet the requirements in that regulation;  
(f) compliance by accredited reprocessors or exporters with the conditions of accreditation in 
regulation 106(b) to (d).  
(2) The duty in paragraph (1) above includes a duty to monitor  the accuracy of the information 
provided  to the appropriate agency  by producers, scheme operators, reprocessors and exporters — 
(a) in, or in relation to, any application under these Regulations;  
(b) in any report, statement or certificate required by these Regulations . 
(3) The appropriate agency must, as part of the monitoring undertaken under paragraph (1)(a) , 
monitor a sample of producers each year.  
Powers to obtain information  
118.—(1) The appropriate agency may, by notice in writing served on a person specified in 
paragraph (2), require that person to — 
(a) maintain records of  any information specified in the notice which the appropriate agency 
reasonably considers it needs for the purposes of its monitoring and enforcement 
functions under these Regulations ; and  
(b) supply to the appropriate agency any such information — 
(i) in such form ; and 
(ii) at such time, or within such period following service of the notice,  
as is specified in the notice . 
(2) The persons referred to in paragraph (1) are — 
(a) any person who has, or who the appropriate agency has reason to believe has , producer 
responsibility obligations ; 
(b) in relation to any person who is a member of a compliance  scheme, the scheme operator ; 
(c) any registered or accredited reprocessor or exporter ; or 
(d) any person who is, or who the appropriate agency has reason to believe is — 
(i) issuing or purporting to issue PRNs or P ERNs; or  
 86 (ii) engaged in trading in, or brokerage in relation to, PRNs or P ERNs.  
Monitoring plans and reports  
119.—(1) The appropriate agency must provide to the appropriate authority by  1st December, 
and publish by 3 1st December, in each year its proposed monitoring plan in respect of the 
following calendar year, describing — 
(a) its policy in relation to the monitoring it is required to carry out under regulation 117; 
(b) details of the monitoring it proposes to carry out in the following calendar year, including 
details of its proposals to monitor a sample of producers under regulation 117(3) . 
(2) The appropriate agency must publish by 3 1st May in 20 26 and in subsequent years a report 
setting out — 
(a) the monitoring and enforcement activities it has undertaken in the previous calendar year ; 
and 
(b) the extent to which those activities have implemented its monitoring plan for the year 
reported on, including a description of its performance against the monitoring plan.  
CHAPTER 2 
Powers and duties of the labelling authority  
Monitoring  
120.—(1) The labelling authority must monitor compliance by producers with the requirements 
in Chapter 2 of Part 3, including reviewing the accuracy of recyclability assessments made by 
producers under regulation 29(1)(a) , and of other information provided by producers under that 
Chapter.  
(2) The labelling authority must, as part of the monitoring undertaken under paragraph (1), 
monitor a sample of producers each year.  
Power to require the production of information  
121.—(1) The labelling authority or an officer of the labelling authority may give notice to any 
person who is subject to obligations under Chapter 2 of Part 3 requiring that person to provide the 
authority with the information specified in the notice, where the information concerned is 
necessary to enable the labelling authority to exercise its monitoring and enforcement functions 
under these Regulations, or to consider whether to exercise those  functions.  
(2) Paragraphs 15, 16 and 17 of Schedule 5 to the Consumer Rights Act 2015( a) apply to a 
notice issued under paragraph (1), as they apply to a notice issued under paragraph 14 of that 
Schedule, and for this purpose, those paragraphs are to be read as if — 
(a) all references to an enforcer were references to the labelling authority;  
(b) references to a notice under paragraph 14 were references to a notice issued under 
paragraph (1) of this regulation.  
Power to purchase products  
122.—(1) An officer of the labelling authority may — 
(a) make a purchase of a product ; or 
(b) enter into an agreement to secure the provision of a product.  
(2) For the purposes of exercising the power in sub -paragraph (1), an officer may — 
 
(a) 2015 c. 15.   
 87 (a) at any reasonable time, enter premises to which the public has access (whether or not the 
public has access at that time) ; and 
(b) inspect any product on the premises which the public may inspect.  
(3) The power of entry in sub -paragraph (2) may be exercised without first giving notice or 
obtaining a warrant.  
Power to observe the carrying on of business  
123.—(1) An officer of the labelling authority may enter premises to which the public has 
access in order to observe the carrying on of a business on those premises.  
(2) The power in sub -paragraph (1) may be exercised at any reasonable time (whether or not the 
public has access at that time).  
(3) The power of entry in sub -paragraph (1) may be exercised without first giving notice or 
obtaining a warrant.  
Reports  
124. The labelling authority must publish by 3 1st May in 20 26 and in each subsequent year a 
report setting out the monitoring and enforcement activities it has undertaken in the previous 
calendar year.  
CHAPTER  3 
Powers of entry etc.  
Powers  of entry etc.  
125.—(1) A person who appears suitable to the appropriate agency or to the labelling authority 
may be authorised in writing by that agency or authority for the purposes of its functions under 
these Regulations to exercise the powers  set out in — 
(a) section 108(4)(a) to (l) of the 1995 Act (powers of enforcing authorities and persons 
authorised by them) as they apply in relation to each of England, Wales and Scotland, and  
(b) Article 72(2)(a) to (k) of the 1997 Order (powers of enforcing authorities and persons 
authorised by them) as they apply in relation to Northern Ireland.  
(2) The provisions of — 
(a) section 108(6) to (7A), (7D) to (7F), (12), (12A) (as that subsection applies to England 
and Wales) and (13) of the 1995 Act;  
(b) section 108A of the 1995 Act (as it applies to Scotland); and  
(c) paragraphs 2 to 6 of Schedule 18 to the 1995 Act,  
apply to the powers conferred by paragraph (1) (a) as they apply to the powers conferred by section 
108(4) of the 1995 Act . 
(3) The provisions of — 
(a) Article 72(4), (5), (9) and (10) of the 1997 Order; and  
(b) paragraphs 2 to 5 of Schedule 4 to the 1997 Order,  
apply to the powers conferred by paragraph (1) (b) as they apply to the powers conferred by Article 
72(2) of the 1997 Order . 
(4) For the purposes of paragraphs (1) to (3), the 1995 Act and the 1997 Order are to be read 
with the modifications in Schedule 1 2. 
(5) In this regulation —  
 88 “the 1995 Act” means the Environment Act 1995( a); 
“the 1997 Order” means the Waste and Contaminated Land (Northern Ireland) Order 1997.  
PART 11 
 Offences and Civil Sanctions  
CHAPTER 1  
General  
Interpretation  
126. In this Part and in Schedule 1 3— 
“enforcement agency” means — 
(a) the appropriate agency, in relation to — 
(i) an offence under regulation  127, 128, 129 or 130(4) ;  
(ii) an offence under regulation 130(1) , (2) or (3), where the commission of the offence 
concerned the appropriate agency ;  
(iii) an offence under regulation 130(5) , where the compliance notice was imposed by, or 
the enforcement notice was given to, the appropriate agency or the scheme 
administrator; or 
(iv) any civil sanction specified in the table in Part 2 of Schedule 1 3, other than those 
referred to in sub -paragraphs (b)(ii i) and (c) ; 
(b) the labelling authority in relation to — 
(i) an offence under regulation 130(1) , (2) and (3), where the commission of the offence 
concerned the labelling authority ;  
(ii) an offence under regulation 130(5) , where the compliance notice was imposed by, or 
the enforcement notice was given to, the labelling authority; or 
(iii) a civil sanction imposed in relation to contravention of any of the requirements in 
Chapter 2 of Part 3 (provision of recycling information);  
(c) the scheme administrator, in relation to a civil sanction imposed for a contravention of 
regulation 76(4)  (failure to pay disposal or administration fees by 50 days after the due 
date);  
“Scottish enforcement agency”  means — 
(a) SEPA ; 
(b) the labelling authority or the scheme administrator, so far as either authority is imposing a 
civil sanction provided for in these Regulations in Scotland . 
CHAPTER 2  
Offences and penalties  
Offences: producers  
127.—(1) It is an offence for a producer to whom regulation 25(1)  applies — 
(a) to carry on business as a producer without being registered, at any time at which the 
producer is req uired by regulation 25(1)(a)  to be registered;  
 
(a) 1995 c. 25. Section 108 has been amended by Schedule 3 to the Pollution Prevention and Control Act 1999 (c. 24), section 
55(7) and (9) of the Anti -social Behaviour Act 2003, paragraph 3(2) of Schedule 2 to the Protection of Freedoms Act 2012. 
(c. 9), paragraph 5 of Schedule 10 to the Environment Act 2021 (c. 30) and by S.I. 2000/1973, S.S.I. 2006/181, S.I.  
2010/675, 2013/755, 2015/374,  2016/475, 2017/506, 2019/458.   
 89 (b) to fail to apply to the appropriate agency for registration by the date specified in 
regulation 36(1) , (2) or (3) , as applicable ; 
(c) to fail to keep records as required by regulation 25(1)(b) ; or 
(d) to fail to report information which the producer is required to report  by regulation 
25(1)(c)  or, where it applies to the producer, regulation 25(1) (d) or (3) I; 
(e) to fail to make a report of any of the information referred to in sub -paragraph (d) by the 
date on which that report is required to be made under regulation 43, 44, 45 or 46 . 
(2) Paragraph (1) (a) and (b) do not apply in respect of any period during which, under regulation 
38(2)(c) , the producer is treated as having been registered.  
(3) It is an offence for a producer to whom regulation 25(2)  applies to fail — 
(a) to comply with the producer’s recycling obligation referred to in regulation 25(2)(a) ; 
(b) to keep evidence as required by regulation 25(2)(b) ; 
(c) to furnish a certificate of compliance as required by regulation 25(2)(c) . 
(4) A registered producer who does not comply with a condition of registration in regulation 
39(b)  or (c) (provision of information to the appropriate agency) commits  an offence.  
Offences: scheme operators  
128. It is an offence for a  scheme operator — 
(a) to operate a compliance scheme without register ing the compliance scheme under 
regulations 51(1) (b) and 59(1) ;  
(b) to breach a condition of the compliance scheme’s registration in regulation 61; 
(c) to fail to carry out  the obligation to apply for the registration of a member of the 
compliance scheme under regulation  51(3)(a) ; 
(d) to fail to make an application referred to in sub -paragraph I by the date on which that 
application is required to be made under regulation 52(1)(a) ;  
(e) to fail to report information in relation to a member of the compliance scheme which the 
scheme operator is required to report under regulations 51(3)(b)  and 52(2) ; 
(f) to fail to make a report of any of the information referred to in sub -paragraph I by the 
date on which that report is required to be made under regulation 43, 44, 45 or 46 as th ose 
regulation s apply by virtue of regulation 52(2)(a) ; 
(g) to fail to carry out the recycling obligations under regulation 51(3)(c)  and 52(3) ; 
(h) to fail to keep records and make returns to the appropriate agency  as required by 
regulations 51(6)(a)  and 63; 
(i) to fail to submit a compliance statement to the appropriate agency as required by 
regulation 64; 
(j) to fail to serve on each member of the compliance scheme — 
(i) the notice required by regulation 57(5)  if approval of the compliance scheme is 
withdrawn; or  
(ii) the notice required by regulation 62(4)  if registration of the compliance scheme is 
cancelled.  
Offences: reprocessors and exporters  
129.—(1) It is an offence for a  person to— 
(a) operate a reprocessing site at which a category of packaging waste is recycled or accepted 
for recycling, without being registered with the appropriate agency in accordance with 
regulation 93 as a reprocessor of that category of packaging waste at that reprocessing 
site; or  
 90 (b) export a category of packaging waste without being registered with the appropriate 
agency in accordance with regulation 94 as an exporter of that category of packaging 
waste . 
(2) A reprocessor with a registration under regulation 93 or an exporter with a registration under 
regulation 94 commits an offence if the reprocessor or exporter — 
(a) fails to comply with a condition of that registration in regulation 96; or 
(b) contravenes a requirement in regulation 99 or in Part 2 of Schedule 8 (reporting 
requirements) . 
(3) It is an offence for a  person to— 
(a) issue a PRN otherwise than in accordance with regulation 100(1)  and (2);  
(b) issue a PERN  otherwise than in accordance with regulation 100(2)  and (4) ; or 
(c) issue a PRN or a PERN pursuant to information which is false or misleading in a material 
particular, knowing the information to be false or misleading or being reckless as to 
whether it is false or misleading . 
(4) A reprocessor or exporter who  has an accreditation to issue PRNs or PERNs  commits an 
offence if the reprocessor or exporter fails to comply with a condition of that accreditation in 
regulation 106 or Part 3 of Schedule 8.  
Further offences  
130.—(1) A person who provides  any information to the appropriate agency or to the labelling 
authority in connection with its functions under these Regulations , or provides  information to 
which regulation 53 applies to a scheme operator , commits  an offence if — 
(a) the information is false or misleading in a material particular ; and  
(b) the person provides the information knowing it to be false or misleading, or being 
reckless as to whether it  is false or misleading.  
(2) It is an offence for a  person to fail without reasonable excuse — 
(a) to comply with any requirement imposed in a notice under regulation 118(1)  or 121(1) ; or 
(b) to give an officer of an appropriate agency or of the labelling authority, any assistance or 
information which that officer reasonably requires in the exercise of their powers under 
regulation 125. 
(3) It is an offence for a person intentionally to delay or obstruct a person authorised by the 
appropriate agency or by the labelling authority — 
(a) in carrying out their functions under regulation 117; or 
(b) in the exercise of their powers under  regulation 125. 
(4) Where in accordance with Schedule 9 there is a group registration the holding company 
commits  an offence if it does not comply with an obligation referred to in sub-paragraph (1)(b), 
(1)(c), (2)(a) or (2)(b) of paragraph 5  of Schedule 9. 
(5) A person commits an offence if that person fails to comply with a compliance notice 
imposed, or an enforcement undertaking  given and  accepted, under regulation 133.  
Penalties for offences  
131. An offence under any of regulations 127 to 130 is punishable — 
(a) on conviction on indictment, by a fine ; or 
(b) on summary conviction — 
(i) in England and Wales, by a fine ; 
(ii) in Scotland or Northern Ireland, by a fine not exceeding the statutory maximum.   
 91 Offences: supplementary  
132.—(1) Where — 
(a) an offence under these Regulations has been committed by a body corporate , partnership 
or unincorporated association ; and 
(b) it is proved that the offence was committed with the consent or connivance of, or was 
attributable to any neglect on the part of — 
(i) a relevant individual ; or 
(ii) an individual purporting to act in the capacity of a relevant individual,  
the individual as well as the body corporate, partnership or unincorporated association commits an 
offence and is liable to be proceeded against and punished accordingly.  
(2) If an offence committed by a person under these R egulation s is due to the act or default of 
some other person, that other person is also guilty of the offence and liable to be proceeded against 
and punished accordingly, whether or not proceedings for the offence are taken against the first -
mentioned person.  
(3) In paragraph (1), “relevant individual” means — 
(a) in relation to a body corporate — 
(i) a director, member of the committee of management, chief executive, manager, 
secretary or other similar officer of the body, or a person purporting to act in any 
such capacity;  
(ii) where the affairs of the body are managed by its members, a member;  
(b) in relation to a n LLP a member;  
(c) in relation to a partnership, a partner;  
(d) in relation to an unincorporated association, a person who is concerned in the 
management or control of the association.  
CHAPTER 3  
Civil Sanctions  
Civil sanctions  
133.—(1) Where an enforcement agency is satisfied on the balance of probabilities that a person 
has contravened a requirement specified in the table of civil sanctions in Part 2 of Schedule 1 3 (a 
“relevant requirement”), the enforcement agency may, in relation to that contravention — 
(a) impose on that person — 
(i) a fixed monetary penalty in accordance with Part 3 of Schedule 1 3; 
(ii) a variable monetary penalty in accordance with Part 4 of Schedule 1 3; or 
(iii) a compliance notice in accordance with Part 5 of Schedule 1 3; or 
(b) accept an enforcement undertaking  from that person , in accordance with Part 6 of 
Schedule 1 3, 
where, in the entry in the table for the relevant requirement, “yes” is stated in the column for that 
civil sanction.  
(2) Where  an enforcement agency is satisfied on the balance of probabilities that — 
(a) a relevant requirement has been contravened by a body corporate , partnership or 
unincorporated association ; and 
(b) the contravention occurred with the consent or connivance of, or was attributable to any 
neglect on the part of — 
(i) a relevant individual ; or 
(ii) an individual purporting to act in the capacity of a relevant individual,   
 92 the enforcement agency may impose a specified civil sanction on, or accept a specified 
enforcement undertaking from, that individual as well as the body corporate, partnership or 
unincorporated association.  
(3) If the enforcement agency is satisfied, on the balance of probabilities, that the contravention 
of a relevant requirement by a person is due to the act or default of some other person, the 
enforcement agency may also impose a specified civil sanction on that other person, or accept a 
specified enforcement undertaking from that other person, whether or not such a sanction is 
imposed on, or undertaking accepted from, the first -mentioned person.  
(4) An enforcement agency, other than a Scottish enforcement agency, may recover a fixed 
monetary penalty or a variable monetary penalty — 
(a) as a civil debt ; or 
(b) on the order of a court, as if payable under a court order . 
(5) In this regulation — 
(a) “relevant individual has the meaning given in regulation 132(3) ;  
(b) a “specified civil sanction” means a civil sanction specified in the table in Part 2 of 
Schedule 13 as applying in relation to the relevant requirement in question.  
(6) This regulation is subject to regulation 134 in respect of its application to Scottish 
enforcement agencies.  
Civil sanctions: Scottish enforcement agencies  
134.—(1) In regulation 133— 
(a) in paragraph (1) , sub -paragraphs (a)(i) and (ii)  and (b) do not apply to SEPA ; 
(b) paragraphs (2) and (3) only apply to SEPA to the extent to which they relate to a 
compliance notice issued by SEPA under paragraph (1) (a)(iii). 
(2) A Scottish enforcement agency other than SEPA may recover a fixed monetary penalty or a 
variable monetary penalty as a civil debt, and the amount is recoverable as if it were payable under 
an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of any 
sheriffdom.  
(3) The Lord Advocate may issue, and from time to time revise, guidance to a Scottish 
enforcement agency other than SEPA on the exercise of their functions relating to enforcement 
measures in Scotland.  
(4) Those Scottish enforcement agencies other than SEPA must have regard to such guidance or 
revised guidance in exercising those functions in Scotland.  
Enforcement cost recovery notices  
135.—(1) An enforcement agency other than SEPA may serve a notice (“an enforcement cost 
recovery notice”) on a person on whom a variable monetary penalty notice or compliance notice 
has been served requiring that person to pay the costs incurred by the enforcement agency in 
relation to the imposition of that notice up to the time of its imposition.  
(2) SEPA may serve an enforcement cost recovery notice on a person on whom a compliance 
notice has been served requiring that person to pay the costs incurred by SEPA in relation to the 
imposition of that notice up to the time of its imposition.  
(3) The costs referred to in paragraphs (1) and (2) include in particular — 
(a) investigation costs;  
(b) administration costs;  
(c) costs of obtaining expert advice (including legal advice).  
(4) The enforcement cost recovery notice must specify — 
(a) how payment must be made ;  
 93 (b) the amount required to be paid and the period in which payment must be made, which 
must not be less than 28 days beginning with the day on which the enforcement cost 
recovery notice is served ; 
(c) the grounds for imposing the notice ; 
(d) the right of appeal ; and 
(e) the consequences of failure to comply with the notice in the specified period.  
(5) The person on whom the notice is served may require the enforcement agency to provide a 
detailed breakdown of the amount.  
(6) The person required to pay costs is not liable to pay any costs shown by that person to have 
been unnecessarily incurred.  
(7) The person required to pay costs may appeal — 
(a) against the decision of the enforcement agency to impose the requirement to pay costs ; or 
(b) against the decision of the enforcement agency as to the amount of those costs.  
(8) An enforcement agency other than a Scottish enforcement agency may recover any costs 
required to be paid under an enforcement cost recovery notice — 
(a) as a civil debt; or  
(b) on the order of a court, as if payable under a court order . 
(9) A Scottish enforcement agency may recover as a civil debt any costs required to be paid 
under an enforcement cost recovery notice, and the amount is recoverable as if it were payable 
under an extract registered decree arbitral bearing a warrant for execution issued by a sheriff of 
any sheriffdom.  
Payment of penalties into Consolidated Fund etc  
136.—(1) Where an enforcement agency receives any penalty under this Part, the agency must 
pay it into the relevant fund.  
(2) In paragraph (1), “ the relevant fund” means — 
(a) the Consolidated Fund, in relation to — 
(i) the Environment Agency;  
(ii) the labelling authority or the scheme administrator, except where  the penalty was 
imposed in Wales, Northern Ireland or Scotland;   
(b) the Welsh Consolidated Fund , in relation to — 
(i) NRW ; 
(ii) the labelling authority or the scheme administrator, where the penalty was imposed 
in Wales;  
(c) the Consolidated Fund of Northern Ireland , in relation to — 
(i) DAERA ; 
(ii) the labelling authority or the scheme administrator, where the penalty was imposed 
in Northern Ireland;  
(d) the Scottish Consolidated Fund , in relation to  a Scottish enforcement agency . 
Withdrawing or amending a notice  
137.—(1) An enforcement agency other than SEPA may at any time in writing — 
(a) withdraw a fixed monetary penalty notice;  
(b) withdraw , or reduce the amount specified in,  a variable monetary penalty notice or an 
enforcement cost recovery notice;  
(c) withdraw a compliance notice , or amend the steps specified in the notice so as to reduce 
the amount of work necessary to comply with the notice.   
 94 (2) SEPA may at any time in writing withdraw a compliance notice , or amend the steps 
specified in the notice so as to reduce the amount of work necessary to comply with the notice.  
Publication of enforcement action  
138.—(1) Where a civil sanction is imposed under this Part, the appropriate agency must publish 
in the public register maintained under regulation  141— 
(a) details of the contravention in respect of which the civil sanction has been imposed ; 
(b) where the civil sanction is a fixed monetary penalty, the cases in which liability to the 
penalty has been discharged by payment of the penalty following the notice of intent and 
without further action being taken;  
(c) cases in which an enforcement undertaking has been entered into.  
(2) The information referred to in paragraph (1) must be entered on the register within 28 days 
after the day on which a civil sanction is imposed, liability to a fixed monetary penalty is 
discharged, or an enforcement undertaking is accepted, as the case may be.  
(3) The labelling authority and the scheme administrator must provide the information described 
in paragraph (1) in relation to any civil sanction they have imposed to the appropriate agency for 
publication in the register under paragraph (1).  
(4) Where a civil sanction which has been imposed is overturned on appeal, the enforcement 
agency which imposed the civil sanction must ensure that any information relating to that civil 
sanction is removed from the register.  
PART 12 
Miscellaneous and supplementary  
Policy statement  
139.—(1) The appropriate authorities must jointly publish a statement setting out — 
(a) the intended environmental effects of the extended producer responsibility for packaging 
policy;  
(b) how that policy is intended to achieve those effects.  
(2) In paragraph (1) , “the extended producer responsibility for packaging policy” has the same 
meaning as in regulation 67(9) . 
Guidance and protocols  
140.—(1) Each appropriate agency and the labelling authority may from time to time publish 
guidance consisting of such information or advice as it considers appropriate in relation to the 
operation of any provision of these Regulations.  
(2) The appropriate agencies must jointly publish — 
(a) guidance about the criteria which they will apply in determining whether a person is a fit 
and proper person for the purposes of these Regulations;  
(b) guidance for producers about the evidence which may be used to demonstrate that the 
conditions in paragraph (2) or (3) of regulation 8 (household packaging) are met ; 
(c) a list of protocols applying in the United Kingdom which are approved by all the 
appropriate agencies for the purposes of paragraph 22(2)(b)  of Schedule 8. 
(3) The appropriate agencies may take the following factors into account in the preparation of 
guidance under paragraph (2)(b) — 
(a) the size and weight of packaging;   
 95 (b) whether the supply of a product is subject to any restrictions imposed by or under primary 
legislation;  
(c) how available a product or its packaging is to consumers;  
(d) whether a product is likely to be used by a business in a household;  
(e) any other factors the appropriate agencies consider relevant.  
Public  register  
141.—(1) The appropriate agencies must jointly maintain and make available in accordance 
with this regulation a register relating to — 
(a) the producers  registered in accordance with Part 4;  
(b) the compliance schemes — 
(i) approved in accordance with Chapter 2 of Part 5;  
(ii) registered in accordance with Chapter 3 of Part 5;  
(c) the reprocessors and exporters — 
(i) registered in accordance with Chapter 2 of Part 7;  
(ii) accredited in accordance with Chapter 3 of Part 7.  
(2) The register must contain the information prescribed in Schedule 1 4. 
(3) The appropriate agencies must ensure that the register can be inspected online.  
(4) The register may be kept in any form but must be indexed, arranged and searchable so that 
members of the public can readily trace information contained in it.  
(5) The appropriate agencies must enter information on the register as soon as reasonably 
practicable after it comes into their possession.  
(6) Nothing in this regulation or in Schedule 1 4 requires the register to contain — 
(a) any information relating to, or to anything which is the subject -matter of, any criminal 
proceedings, including prospective proceedings, at any time before those proceedings are 
finally disposed of ; or 
(b) any information which has been superseded by later information after 7 years have 
elapsed from that later information being entered in the register.  
Database of reported information  
142.—(1) The appropriate agencies must establish a common database, managed by or on behalf 
of the appropriate agencies for the purposes of this regulation , to contain — 
(a) in relation to each producer —  
(i) the information under paragraph 11 of Schedule 2 contained in the application for 
registration of the producer;  
(ii) the information reported — 
(aa) by the producer under Chapter 2 of Part 4;  or 
(bb) in relation to the producer  under th e provisions of that Chapter as applied by 
regulation 53 or paragraph 5 of Schedule 9 ; 
(b) in relation to each compliance scheme , the information referred to in paragraph (2)(b) and 
(c) of regulation 64 reported by the scheme operator  under that regulation ; 
(c) in relation to each reprocessor  with an accreditation under Chapter 3 of Part 7, the 
information reported  under paragraph 26(1)  of Schedule 8; 
(d) in relation to each exporter  with an accreditation under Chapter 3 of Part 7, the 
information reported  under paragraph 29(1)  of Schedule 8 . 
(2) The appropriate agency must , as soon as reasonably practicable after receiving the data 
referred to in paragraph (1) —  
 96 (a) collate that data and add it to the database; and  
(b) publish a report of the data  in aggregated and anonymised form . 
(3) The appropriate agency must, by 30th April  in each year, provide each appropriate authority 
with an annual report summarising the aggregated data received by the agency in relation to the 
previous calendar year.  
Fit and proper person test  
143.—(1) This regulation applies where the appropriate agency is determining whether — 
(a) a scheme operator is a fit and proper person for the purposes of regulation 55(4)(b)  or 
57(1)(a) ; or 
(b) a reprocessor or exporter is a fit and proper person for the purposes of regulation 
105(2)(c)  or 108(1)(c) . 
(2) The appropriate agency may not determine that a person is a fit and proper person unless the 
appropriate agency is satisfied that the person will comply or will secure compliance with the 
conditions which apply — 
(a) to the approval of a registered scheme, where the person is a  scheme  operator;  
(b) to any accreditation granted to the person , where the person is a reprocessor or an 
exporter.  
(3) In determining whether a person is a fit and proper person, the appropriate agency may take 
into account — 
(a) whether the person, or a relevant associate of the person, is failing, or has in the past 
failed, to comply with — 
(i) any of the conditions described in paragraph (2), whether imposed under these 
Regulations, the 2007 Regulations or the 2007 (NI) Regulations; or  
(ii) any regulatory requirements applying to that person or that person’s activities;  
(b) whether the person, or a relevant associate of the person, has been convicted of a relevant 
offence;  
(c) the nature and seriousness of any failure to comply referred to in sub -paragraph (a), or 
relevant offence referred to in sub -paragraph (b); and  
(d) any other factor which the appropriate agency considers relevant to its determination.  
(4) For the purposes of sub -paragraph (3) — 
“regulatory requirements” means requirements imposed in or under primary or secondary 
legislation or assimilated EU law, including but not limited to requirements relating to the 
protection of the environment;  
“relevant associate” means — 
(a) where the person whose status as a fit and proper person is being considered (“ A”) is an 
individual — 
(i) any company  of which A is or has been a director, manager, secretary or other 
similar officer, or over which A has, or has had, significant control;  
(ii) any partnership of which A is, or has been, a partner;  
(iii) any LLP of which A is, or has been, a member;  
(iv) any individual who is an officer of a company  referred to in paragraph (i), a partner 
of a partnership referred to in paragraph (ii), or a member of a n LLP referred to in 
paragraph (iii);  
(b) where A is a partnership, a partner or former partner;  
(c) where A is an LLP , a member or former member;  
(d) where A is a body corporate — 
(i) a current or former director, manager, secretary or other similar officer;   
 97 (ii) any other body corporate of which a director, manager, secretary or other similar 
officer of A is or has been a director, manager, secretary or other similar officer;  
(iii) any body corporate within the same group as A, or over which a person who has 
significant control over A also has significant control; and  
(iv) any person who is a member of that body corporate;  
(e) where A is an unincorporated association, any officer of the association, or member of its 
governing body;  
(f) an employee of — 
(i) A; 
(ii) a partnership of which A is or has been a partner;  
(iii) an LLP  of which A is or has been a member;  
(iv) a body corporate of which A is or was a director, manager, secretary or other officer;  
(g) any other person who plays a significant role in — 
(i) the making of decisions about how the whole or a substantial part of A’s activities 
are to be managed, controlled or operated ; or 
(ii) the actual management, control or operation of the whole or a substantial part of 
those activities ; 
(h) a person who is an approved person in relation to A; and  
“relevant offence” means an offence which the appropriate agency considers to be relevant to 
the determination referred to in paragraph (1).  
(5) For the purposes of the definition of “relevant associate” in paragraph (4) — 
“group” means a parent undertaking and its subsidiary undertakings, and for this purpose, 
“parent undertaking” and “subsidiary undertakings” have the meanings given in section 1162 
of the Companies Act 2006, read with Schedule 7 to that Act( a); 
“significant control” has the meaning given in section 790C of, and Part 1 of Schedule 1A to, 
the Companies Act 2006( b). 
Approved persons  
144.—(1) This regulation applies to — 
(a) a producer that is registered or applying for registration;  
(b) the scheme operator of a compliance scheme that is approved or applying for approval;  
(c) a reprocessor or exporter that is registered or applying for registration , 
(a “relevant person”) . 
(2) A relevant person must — 
(a) subject to paragraph 4 of Schedule 15, inform the appropriate agency by notice in writing 
of the names of one or more individuals meeting the criteria in paragraph (4), who are to 
be their approved person or persons for the purposes of any provisions of these 
Regulations which require something to be done by an approved person ; and  
(b) inform the appropriate agency by notice in writing of any changes to their approved 
person or persons . 
(3) A notice  under paragraph ( 2) must be given  in such form and manner , and include such 
information,  as the appropriate agency specifies.  
 
(a) 2006 c. 46.  
(b) Section 790C was inserted, with Part 21A by paragraph 1 of Schedule 3, to the Small Business, Enterprise and  
Employment Act 2015 (c. 26), and amended by S.I. 2015/1329, 2029, 2016/136, 2017/693, 694, 2019/348. Schedule 1A 
was inserted by paragraph 2 of Schedule 3 to that Act.   
 98 (4) The persons who may be an approved person are— 
(a) where the relevant person is an individual, that individual;  
(b) where the relevant person is a partnership, a partner in that partnership;  
(c) where the relevant person is an LLP, a member of that LLP;  
(d) where the relevant person is a company registered in the United Kingdom, a director or 
company secretary of that company;  
(e) where the relevant person is an unincorporated association , an individual who has control 
or management of that association ; or 
(f) where the relevant person is a company whic h does not have a registered office in the 
United Kingdom, an individual who has control or management of the relevant person . 
Delegation of approved persons’ functions  
145.—(1) An approved person may delegate their functions to any other person (a “delegate”), 
subject to the delegation being approved by the appropriate agency under this regulation.  
(2) An application to delegate an approved person’s functions must be made in accordance with 
regulation  146. 
(3) The appropriate agency must grant the application if it is satisfied, taking into account the 
factors specified in paragraph (4), that the proposed delegate is capable of carrying out the 
functions on behalf of the approved person, and must otherwise refuse the application.  
(4) The factors mentioned in paragraph (3) are — 
(a) if the proposed delegate is an employee of the relevant person, the proposed delegate’s 
level of seniority;  
(b) if the proposed delegate is not an employee of the relevant person, the nature of the 
proposed delegate’s relationship with the approved person;  
(c) the degree of the proposed delegate’s knowledge of, or access to, information necessary 
for the purposes of carrying out the functions on behalf of the approved person ; and 
(d) any other factor which the appropriate agency reasonably thinks is relevant.  
(5) Where a delegation of an approved person’s functions has been approved under this 
regulation — 
(a) either the approved person or the delegate may perform those functions;  
(b) the performance of a function by the delegate is to be treated as an act of the approved 
person ; 
(c) the approved person remains responsible for ensuring that any functions performed by the 
delegate are performed in accordance with these Regulations . 
(6) In this regulation — 
“function” means anything which a provision of these Regulations requires to be done by an 
approved person;  
“the relevant person” has the same meaning as in regulation 144. 
Delegation of approved persons’ functions: supplementary  
146.—(1) An application  under regulation 145 must be — 
(a) made in such form and manner as the appropriate agency directs ; and  
(b) signed by the approved person and the proposed delegate.  
(2) The appropriate agency must, within 28 days of receipt of an application under regulation 
145— 
(a) determine the application; and  
(b) serve written notice of its decision on the applicant and the proposed delegate.   
 99 (3) An approval granted under regulation 145 may be for such period, or subject to such 
conditions, as the appropriate agency may specify.  
(4) A notice under paragraph (2)(b) must set out — 
(a) where the application is granted, any conditions imposed under paragraph (3);  
(b) where the application is refused — 
(i) the reasons for that refusal; and  
(ii) the right of appeal under regulation 112(5) . 
(5) The appropriate agency may decide to withdraw an approval granted under regulation 145 if 
it is no longer satisfied of the matter referred to in regulation 145(3) . 
(6) Where an approval is withdrawn under paragraph (5), the appropriate agency must serve on 
the approved person and the delegate written notice of — 
(a) the decision to withdraw approval;  
(b) the reasons for the decision;  
(c) the date on which the withdrawal takes effect; and  
(d) the right of appeal under regulation 112(5) . 
(7) An approved person may revoke a delegation which has been approved under regulation 
145. 
(8) Where an approved person proposes to revoke a delegation under paragraph (7), the 
approved person must serve written notice of the revocation on the appropriate agency and on the 
delegate, stating the date on which the revocation takes effect.  
Information sharing  
147.—(1) Any information provided to an appropriate agency, the scheme administrator or the 
labelling authority under these Regulations may be shared with any other of those bodies.  
(2) Each appropriate agency, the scheme administrator and the labelling authority must enter 
into appropriate arrangements with each other to ensure that they each have access to information 
they require in order to exercise their functions under these Regulations.  
Implementation of relevant deposit schemes  
148.—(1) Paragraph ( 2) applies if, on 1st January 2028, no relevant deposit scheme has come 
into operation in any part of the United Kingdom.  
(2) If this paragraph  applies — 
(a) the provisions referred to in paragraph s (i) to (iii) apply with the modifications set out 
there, in relation to the period beginning on 1st January 2028 and ending at the end of the 
calendar year in which  a relevant deposit scheme comes into operation in any part of the 
United Kingdom — 
(i) regulation 7 (packaging and packaging categories) applies as if paragraph ( 7) were 
omitted;  
(ii) regulation 25 (producer responsibility obligations) applies as if paragraph (5)( b) 
were omitted;  
(iii) regulation 28 (recycling information obligations: application and interpretation) 
applies as if paragraph (4) (c)(ii) were omitted;  
(b) regulation 65 (interpretation of Part 6: disposal costs) applies as if , in paragraph (3) , sub -
paragraphs (a)(ii) and (b) were omitted , in relation to  the assessment year beginning on 
1st April 2028 and  each subsequent assessment year, unless a relevant deposit scheme has 
come into operation in any part of the United Kingdom before the start of that assessment 
year.   
 100 Transitional and transitory provision s 
149. Schedule 15 (transitional and transitory provisions) has effect.  
Consequential amendments  
150. Schedule 16 (consequential amendments) has effect.  
Revocations  
151.—(1) The instruments listed in paragraph 1 of Schedule 1 7 are revoked  on 1st January 
2025 . 
(2) The instruments listed in paragraph 2 of Schedule 1 7 are revoked on 1st January 2026.  
Review  
152.—(1) The appropriate authorities must from time to time —  
(a) carry out a joint review of the regulatory provision contained in these Regulations ; and  
(b) publish a report setting out the conclusions of the joint review.  
(2) The first report must be published before 3 1st December 20 28.  
(3) Subsequent reports must be published at intervals not exceeding 5 years.  
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015( a) requires that a 
report published under this regulation must, in particular — 
(a) set out the objectives intended to be achieved by the regulatory provision referred to in 
paragraph (1)(a) ; 
(b) assess the extent to which those objectives are achieved ; 
(c) assess whether those objectives remain appropriate ; and  
(d) if those objectives remain appropriate, assess the extent to which they could be achieved 
in another way which involves less onerous regulatory provision.  
(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the 
Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).  
 
 
 Name  
 Parliamentary Under Secretary of State  
Date  Department for Environment, Food and Rural Affairs  
 SCHEDULE 1 Regulation 13 
Charges  
Payment of charges  
1.—(1) The charges set out in paragraphs  2 to 6 of this Schedule are payable for the matters set 
out in those paragraphs, subject to paragraphs 7 to 9. 
(2) The charges payable under this Schedule for an application, submission or notification are 
payable to the appropriate agency by the person making the relevant application , submission or 
notification, and are due and payable in full on the making of the relevant application , submission 
or notification . 
 
(a) 2015 c. 26.   
 101 (3) Where for any reason an application is refused or withdrawn, the appropriate agency is not 
under any obligation to refund the whole or any part of an application charge that has been paid, 
unless an application is withdrawn before it is assessed.  
Producers  
2.—(1) The charge for an application for registration of a producer under regulation 37 is the 
total of —  
(a) £2,620 for a large producer other than a producer referred to in paragraph (d);  
(b) £1,216 for a small producer other than a producer referred to in paragraph (d);  
(c) £2,579 in addition to the charge  in paragraph (a) or (b), as appropriate, where the 
producer is an online marketplace operator;  
(d) for producers which are subsidiaries to be registered as part of a group registration — 
(i) £558 for each producer for the first 20 subsidiaries which are to be so registered;  
(ii) £140 for each producer from the 21st subsidiary to the 10 0th subsidiary which are to 
be so registered.  
(2) The additional charge  referred to in regulation 37(3)(b)  for a late application for registration 
of producer  is £332 . 
(3) The charge referred to in regulation 47(3)(b)  for re -submitting a report under Chapter 2 of 
Part 4 is £714 . 
Compliance scheme s 
3.—(1) The charge for an application for approval of a compliance scheme under regulation 55 
is £8,174 . 
(2) The charge for an application for registration of a compliance scheme under regulation 59 is 
£13,804.  
(3) The charge referred to in regulation 52(2)(b)  for resubmitting a report under 47(3)(a)  (as it 
applies to a scheme operator by virtue of regulation 51(3)(b) ) is £430 for each producer in relation 
to which amended information is submitted . 
Registration of producers which are compliance scheme members  
4.—(1) The charge for an application by a scheme operator for producer registration for 
members of a compliance scheme is the total of — 
(a) £1,685 for each large producer other than a producer referred to in paragraph (d) for 
which the application is made ; 
(b) £631 for each small producer other than a producer referred to in paragraph (d) for which 
the application is made ; 
(c) £2,579 in addition to the charge  in paragraph ( a) or ( b), as appropriate, for each producer 
which is an online marketplace operator;  
(d) for producers which are subsidiaries and are to be registered as part of a group 
registration — 
(i) £558  for each producer for the first 20 subsidiaries which are members of the 
scheme;  
(ii) £140  for each producer from the 21st subsidiary to the 10 0th subsidiary which is a 
member of the scheme;  
(2) The charge for late submission of an application for  producer registration made by a scheme 
operator is £332 for each member of the compliance scheme for whom the scheme operator 
applies for registration late where none of the events described in regulation 36(3)  has occurred.  
(3) Where —  
 102 (a) a producer is a member of a compliance scheme;  
(b) the producer ’s registered office or , if it does not have a registered office  in the United 
Kingdom , its head office or principal place of business  in the United Kingdom , is in a 
different nation in the United Kingdom to that of the scheme operator ; and 
(c) the appropriate agency for that producer has made a national charging scheme,  
the scheme operator must pay the charges set by the appropriate agency , instead of those specified 
in paragraphs (1) and (2) , in relation to that producer.  
(4) In this paragraph, “national charging scheme” means a charging scheme referred to in 
paragraph 9 made by an appropriate agency which makes different provision for the charges listed 
in this paragraph.  
Reprocessor s and exporter s: registration  
5.—(1) The charge for an application by a reprocessor for a registration under regulation 93, or 
by an exporter for a registration under regulation 94, is £2,921 . 
(2) The charge for amendment of a reprocessor  or exporter ’s sampling and inspection plan under 
regulation 95(6)  or 97 is £428.  
(3) The annual charge referred to in regulation  96(2)  is £1,324 . 
Reprocessors and exporters: accreditation  
6.—(1) The charge for an application by a reprocessor for an accreditation under regulation 102 
is the amount specified in sub -paragraph (3) for the tonnage band stated in the application (the 
“stated tonnage band ”). 
(2) The charge  for an application by an exporter for  an accreditation under regulation 103 is the 
sum of — 
(a) the amount specified in sub -paragraph (3) for the stated tonnage band ; and  
(b) £216 for each overseas reprocessing site specified in the application.  
(3) The amounts referred to in sub -paragraphs (1) and (2)(a) are — 
(a) £500 where the stated tonnage band  is up to 500  tonnes;  
(b) £2,000 where the stated tonnage band  is up to 5,000 tonnes;  
(c) £3,000 where the stated tonnage band  is up to 10,000  tonnes;  
(d) £3,631 where the stated tonnage band  is over 10,000  tonnes . 
(4) The charge for amendments to the sampling and inspection plan or the business plan referred 
to in regulation 104(6)  is £428.  
(5) The charge  for an application by a reprocessor or exporter under regulation 107(1)  to vary an 
accreditation by increasing the tonnage band is to be  determined in accordance with the following 
formula — 
(B – C) + D  
where — 
“B” is the charge  specified in paragraph (3) for the new stated tonnage band ;  
“C” is the amount previously paid by the applicant under paragraph (1) or (2)(a) when the 
application for the accreditation was submitted;  
“D” is an additional processing charge  of £100.  
(6) The charge  for an application by an exporter under regulation 107(3)  to vary an accreditation 
by adding one or more overseas reprocessing sites to it is £216 for each overseas reprocessing site 
specified in the application.   
 103 Abatement  
7. The appropriate agency may, by notice to the person liable for the charge, waive or reduce 
any charge specified in this Schedule if it considers it to be significantly disproportionate in a 
particular case, having regard to the actual costs and expenses incurred or to be incurred by the 
appropriate agency in relation to the activity for which the charge is imposed.  
Annual inflationary increases  
8.—(1) The charges under this Schedule shall increase annually on 1st September in each year 
starting on 1st September 20 26, in line with any increase in the Consumer Prices Index published 
by the Office for National Statistics as at 3 1st March of the same year.  
(2) The appropriate agencies must each publish details of charges which have increased in 
accordance with sub -paragraph (1).  
Charging schemes  
9. The charges provided for in this Schedule cease to apply if, and to the extent that, they are 
superseded by charges provided for in a charging scheme made under — 
(a) section 41 (1)(n)  of the Environment Act 1995 (a), by the Environment Agency, NRW or 
SEPA ; or 
(b) Article 76A of the Waste and Contaminated Land (Northern Ireland) Order 1997( b), or 
regulation 20B of the Waste Management Licensing Regulations (Northern Ireland) 
2003( c), by DAERA.  
 SCHEDULE 2 Regulation 37 
Information required for producer registration  
1. The name, address and telephone number of — 
(a) the place where the producer is habitually resident, or  
(b) the registered office of the producer or, if they do not have a registered office, the head 
office or principal place of business of the producer.  
2. If the producer is not habitually resident in the United Kingdom, or if the registered office, 
head office or principal place of business of the producer is not in the United Kingdom, the 
address of the branch or postal address of the producer in the United Kingdom.  
3. The business name of the producer if different from that referred to in paragraph 1 above.  
4. The name and contact details , including an email address,  of an  individual at the producer 
who is responsible for dealing with enquiries from the appropriate agency.  
5. The address for service of notices on the producer if different from that referred to in 
paragraph 1 above.  
6. Where the producer is a partnership, the names of all the partners.  
7. Which of the functions described in regulations 16 to 22 the producer performs in relation to 
packaging.  
8. If the producer performs more than one such function, which function constitutes the 
producer’s main activity as a producer.  
 
(a) 1995 c. 25. Section 41(1)(n) was inserted by s. 64(2) of the Environment Act 2021 (c. 30).  
(b) S.I. 1997/2778 (N.I.  19). Article 76A was inserted by s. 65(1) of the Environment Act 2021.  
(c) S.R (N.I.) 2003 No. 493. Regulation 20B was inserted by s. 65(6) of the Environment Act 2021.   
 104 9. The relevant SIC code for the function the producer performs in relation to packaging or, 
where the producer performs more than one such function, for the function which constitutes the 
producer’s main activity as a producer.  
10. The producer’s turnover in the financial year  referred to in paragraphs ( 1)(a) and ( 2)(a) of 
regulation 24, calculated in accordance with that regulation.  
11. Except where the application is made under regulation  36(2) , the amount in tonnes of 
packaging which  the producer has supplied , in the calendar  year referred to in paragraphs (1)(b) 
and (2)(b) of regulation 24, calculated in accordance with that regulation . 
12. Whether or not the producer is liable to pay disposal fees under regulation 68 for the 
assessment year starting on 1st April in the calendar year for which the producer is applying for 
registration . 
13. Where the producer is a brand owner — 
(a) details of all names, trade  marks and other distinctive marks which appear on packaging  
for which the brand owner is responsible, and  
(b) whether the brand owner also produces packaging on which no name, trade mark or other 
distinctive mark appears.  
 SCHEDULE 3 Regulations  39, 56(1)  and 98(2)  
Insolvency  events  
1. In this Schedule — 
“the 1986 Act” means the Insolvency Act 1986( a); 
“the 2016 Act” means the Bankruptcy (Scotland) Act 2016( b); 
“the 1989 Order” means the Insolvency (Northern Ireland) Order 1989( c). 
2. For the purposes of these Regulations, an insolvency event takes place in relation to a body 
corporate where — 
(a) an order for its winding up is made by the court under Part 4 or 5 of the 1986 Act or Part 
5 or 6 of the 1989 Order;  
(b) a resolution for its voluntary winding up is passed under section 84 of the 1986 Act or 
Article 70 of the 1989 Order( d); 
(c) an administrative receiver, within the meaning of section 251 of the 1986 Act or Article 
5(1) of the 1989 Order, is appointed;  
(d) it enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to the 
1986 Act( e) or paragraph 2(2)(b) of Schedule B1 to the 1989 Order( f); 
(e) a voluntary arrangement takes effect under Part 1 of the 1986 Act or Part 2 of the 1989 
Order.  
3. For the purposes of these Regulations, an insolvency event takes places in relation to a 
partnership where — 
 
(a) 1986 c. 45. Some  provisions of the 1986 Act have effect, with modifications, in relation to LLPs by virtue of Article 5 of 
S.I. 2001/1090 and in relation to some partnerships by virtue of S.I. 1994/2421.  
(b) 2016 asp 21.  
(c) S.I. 1989 No. 2405 (N.I. 19). Some  provisions of the 1989 Order have effect, with modifications, in relation to LLPs by 
virtue of Article 5 of S.R. 2004 No. 307 and in relation to some partnerships by virtue of S.R. 1995 No. 225.  
(d) Section 84 of the 1986 Act and Article 70 of the 1989 Order were amended by S.I. 2007/2194; there are other amendments 
to both those provisions but none is relevant.  
(e) Schedule B1 to the 1986 Act was inserted by section 248(2) of, and Schedule 16 to, the Enterprise Act 2002 (c. 40).  
(f) Schedule B1 to the 1989 Order was inserted by Article 3(2) of, and Schedule 1 to, S.R. 2005 No. 1455.   
 105 (a) an order for its winding up is made by the court under Part 5 of the 1986 Act or Part 6 of 
the 1989 Order;  
(b) a resolution for voluntary winding up is passed under section 84 of the 1986 Act or 
Article 70 of the 1989 Order;  
(c) an administrative receiver, within the meaning of section 251 of the 1986 Act or Article 
5(1) of the 1989 Order, is appointed;  
(d) it enters administration within the meaning of paragraph 1(2)(b) of Schedule B1 to the 
1986 Act or paragraph 2(2)(b) of Schedule B1 to the 1989 Order;  
(e) a voluntary arrangement takes effect under Part 1 of the 1986 Act or Part 2 of the 1989 
Act; 
(f) in Scotland, sequestration is awarded;  
(g) an interim trustee is appointed under section 54 of the 2016 Act on an application or 
petition for sequestration.  
4. For the purposes of these Regulations, an insolvency event takes place in relation to an 
individual where — 
(a) a bankruptcy order is made;  
(b) in Scotland, sequestration is awarded;  
(c) an interim receiver is appointed under section 286 of the 1986 Act or Article 259 of the 
1989 Order on a bankruptcy petition;  
(d) an interim trustee is appointed under section 54 of the 2016 Act on an application or 
petition for sequestration;  
(e) a debt relief order is made under Part 7A of the 1986 Act( a) or Part 7A of the 1989 
Order( b); 
(f) a voluntary arrangement takes effect under section 260 of the 1986 Act or Article 234 of 
the 1989 Order.  
 SCHEDULE 4 Regulation 41 
Producer reporting information  
PART 1 
Interpretation  
1.—(1) In this Schedule , all references to the weight of packaging or packaging waste are to that 
weight in kilograms, and any requirement to report a weight of packaging or packaging waste is to 
be interpreted as a requirement to report the actual, measured weight of that packaging in 
kilograms to the nearest kilogram . 
(2) Where packaging sub -categories have been specified under regulation 7(10)  for a packaging 
category (“the sub-divided  packaging category”) for the purposes of a p aragraph of this Schedule , 
any reference in that p aragraph  to a packaging category is to be read, in relation to the sub-divided  
packaging category, as a reference to those packaging sub -categories.  
(3) Where this Schedule refers to the weight of household packaging, or a description of 
household packaging, which a producer supplied, packaging described in regulation 8(1)(a) may 
only be excluded from that weight if the producer can provide evidence that the conditions in 
regulation 8(2) or the conditions in regulation 8(3) are met.  
 
(a) Part 7A of the 1986 Act was inserted by section 108(1) of, and Schedule 17 to, the Tribunals, Courts and Enforcement Act 
2007 (c. 15).  
(b) Part 7A of the 1989 Order was inserted by section 1 of the Debt Relief Act (Northern Ireland) 2010 (c. 16).   
 106 (4) In this Schedule, references to packaging, or to any description of packaging, do not include 
packaging which at the time of its supply was exempt packaging.  
PART 2 
Descriptions of information  
2. The weight of packaging in each packaging category which the producer supplied during the 
reporting period.  
3. The weight of household packaging in each packaging category which the producer supplied 
during the reporting period.  
4. A description of the methodology used by the producer to collate the information required 
under paragraphs 2 and 3.  
5. A breakdown of the packaging in each packaging category which the producer supplied 
during the reporting period, specifying — 
(a) whether the packaging is primary packaging, secondary packaging, tertiary packaging or 
shipment packaging ( its “packaging type ”); and 
(b) the weight in kilograms of packaging supplied in each packaging type.  
6. The weight of household packaging in each packaging category which the producer supplied 
during the reporting period — 
(a) which is primary packaging ;and  
(b) which is  shipment packaging.  
7. The weight of packaging, and the number of units of packaging, in each packaging category 
which the producer supplied during the reporting period which consists of drink containers.  
8.—(1) In relation to each relevant producer to whom the producer (“D”) supplied unfilled 
household packaging or other unfilled packaging during the reporting period — 
(a) the identity of the producer ;   
(b) subject to sub -paragraph (3), the producer registration number assigned to that producer 
under regulation 38(2)(a) ; 
(c) the number of units of such packaging which D supplied to that producer during the 
reporting period ; and 
(d) the weights of — 
(i) unfilled packaging ; and 
(ii) unfilled household packaging,  
which D supplied to that producer during the reporting period.  
(2) In this paragraph, a “relevant producer” means a large producer , other than a large producer  
who is a seller (and no other class of producer) . 
(3) In relation to a supply which takes place before 1st October 20 25 a producer registration 
number need not be recorded.  
9. Where the producer has instituted a system of reusing reusable packaging —  
(a) a description of that system; and  
(b) the weight in each packaging category of —  
(i) all packaging which the producer supplied during the reporting period that is 
reusable or refillable; and  
(ii) packaging referred to in sub -paragraph (i) which is primary packaging.   
 107 10. The weight in kilograms of household packaging in each packaging category supplied by the 
producer during the reporting period which consists of commonly binned or littered items.  
11.—(1) The weight in kilograms of — 
(a) all packaging supplied by the producer, where the producer is a seller, online marketplace 
operator, distributor or service provider ; or 
(b) all packaging discarded by the producer in the United Kingdom which the producer is 
treated under regulation 10(6)  as having supplied, where the producer is a brand owner, 
importer  or first UK owner ,  
during the  reporting period in each nation in the United Kingdom, in each packaging category.  
(2) For the purposes of reports submitted in relation to 2025, 2026 and 2027, producers who 
are— 
(a) sellers who supply secondary or tertiary packaging may estimate the amount of that 
packaging which has been supplied to a nation in the United Kingdom in order to 
calculate the weight of packaging supplied to that nation;  
(b) importers who import secondary or tertiary packaging may estimate the amount of that 
packaging discarded in a nation in the United Kingdom in order to calculate the weight of 
packaging discarded in that nation.  
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 during the reporting 
period . 
(2) In sub -paragraph (1), “relevant packaging waste” has the same meaning as in regulation 
42(4) .   
13.—(1) The weight in kilograms of — 
(a) packaging waste which the producer has collected during the reporting period — 
(i) consisting of the producer’s own packaging waste; and  
(ii) consisting of packaging waste from other persons;  
(b) packaging waste referred to in paragraph ( a) which was  collected from each nation in the 
United Kingdom; and  
(c) packaging waste referred to in paragraph (a) which was collected from one nation in the 
United Kingdom and sent for recycling to another nation in the United Kingdom, 
identifying the nation from which it was collected and the nation to which it was sent . 
(2) In sub -paragraph (1), references to “packaging waste” do not include packaging waste which 
is, or was before it became waste, a deposit item for the purposes of a relevant deposit scheme.  
14. The number of plastic or paper bags supplied in England in the following categories — 
(a) single use carrier bags, within the meaning of the Single Use Carrier Bags Charges 
(England) Order 2015( a); 
(b) bags made wholly or partly of plastic which — 
(i) are supplied for use as packaging for food items including bread, fruit or vegetables; 
and 
(ii) are not carrier bags within paragraph (a);  
(c) paper bags, of any thickness, with handles, and which are not sealed.  
 
(a) S.I. 2015/776 , to which there are amendments not relevant to these Regulations .  
 108  SCHEDULE 5 Regulation 48 
Recycling obligations  
1.—(1) A producer’s obligations to recycle packaging waste in a relevant year are — 
(a) for each packaging category the producer supplies , to recycle an amount of packaging 
waste in the corresponding  packaging waste category (“the required amount”), as 
provided in paragraph 2(1) ; and 
(b) in relation to glass, to satisfy part of the required amount by recycling an amount of glass 
packaging waste by re -melt, as provided in paragraph 2(2),  
and are calculated by aggregating the producer’s obligations in relation to each specified 
packaging category supplied by  the producer in that year.  
(2) For the purposes of sub-paragraph (1), “specified packaging category” means a packaging 
category or group of packaging categories corresponding to a category of packaging waste 
specified in the first column of Table 1 in paragraph 3.  
2.—(1) The amount of packaging waste to be recycled by a producer (“PR”) in a packaging 
waste category corresponding to a packaging category which PR supplies  is calculated as 
follows — 
X x Y = Z  
where — 
“X” is the amount in tonnes of packaging in that packaging category supplied  by PR in the 
preceding year ; 
“Y” is the percentage prescribed in paragraph 3 as the recycling target for that packaging 
waste category for the relevant year ; and 
“Z” is the amount in tonnes of packaging waste in that packaging waste category which is to 
be recycled in the relevant year.  
(2) Where in the preceding year PR has supplied  any glass packaging, PR must recycle by re -
melt an amount of glass packaging waste calculated as follows — 
 
where — 
“T” is the percentage target prescribed in paragraph 4 for the relevant year ; 
“L” is the amount in tonnes  of glass packaging supplied by PR in the preceding year ; 
“Y” is the percentage prescribed in paragraph 3 as the recycling target for glass for the 
relevant year ; and 
“G” is the amount in tonnes  of glass packaging waste which is to be recycled by re -melt in the 
relevant year.  
(3) For the purposes of calculating X in sub -paragraph (1) and L in sub -paragraph (2) , the 
amount of packaging in a packaging category, or glass packaging, supplied by PR is the amount 
supplied by PR in the United Kingdom in respect of which PR is a producer under any of 
regulations 16 to 21,  calculated to the nearest tonne ,  excluding packaging which is exempt 
packaging either at the time of its supply or in the relevant year.  
3. The following percentages are prescribed as the recycling target “Y” in respect of the 
category of packaging waste specified in the first column in relation to the years 2025 to 2030 as 
indicated — 
Table 1 
Category of packaging 
waste  2025  2026  2027  2028  2029  2030   
 109 Plastic  55% 57% 59% 61% 63% 65% 
Wood  45% 46% 47% 48% 49% 50% 
Aluminium  61% 62% 63% 64% 65% 67% 
Steel  80% 81% 82% 83% 84% 85% 
Paper, board or fibre -
based composite material  75% 77% 79% 81% 83% 85% 
Glass  74% 76% 78% 80% 82% 85% 
4. The following percentage targets are prescribed as the recycling targets “T” for glass 
packaging waste to be achieved by re -melt for the years 2025 to 2030 as indicated.  
Table 2 
2025  2026  2027  2028  2029  2030  
75% 76% 77% 78% 79% 80% 
5. Where the appropriate agency is satisfied that a producer has instituted a system of using 
reusable packaging which has a life of at least four years, the producer’s obligations under this 
Schedule in relation to that packaging may be discharged by equal instalments over four years 
commencing with the year in which that packaging is first used.  
6. For the purposes of this Schedule  “recycling by re -melt” means the recycling of waste glass 
packaging using a method that melts the glass before it is re -formed into a product . 
 SCHEDULE 6 Regulation s 55 and 59 
Compliance scheme s  
PART 1 
Contents of operational plan  
1. The information to be contained in the operational plan referred to in  regulation  55(1)(b)(iv)  
for a compliance  scheme  is information  demonstrating  each of the matters  in paragraphs  2 to 8. 
2. That sufficient financial resources and technical expertise will be available to enable the 
scheme operator to perform its recycling obligations under regulation 51(3)(c) .  
3. How the recycling obligations of the scheme operator under  regulation 51(3)(c)  will be 
performed as regards each category of packaging waste relevant to those obligations including — 
(a) the names and addresses of the reprocessors or exporters, or both, which the scheme 
operator intends to use ; and 
(b) the amounts to the nearest tonne of packaging waste in each category which the scheme 
operator proposes to recycle in the three years immediately following that year’s 
registration . 
4. The steps the scheme operator proposes to take to recycle packaging waste in any of the 
categories  relevant to the recycling obligations of the scheme operator under regulation 51(3)(c)  in 
order not to affect adversely the interests of any producer who is a member of the compliance 
scheme, and whose recycling obligations are predominantly in relation to another category of 
packaging waste . 
5. In relation to PERNs and PRNs which the scheme operator expects to acquire in each quarter 
of the three years immediately following that year’s registration, the tonnage of packaging waste 
in each category  to which they are expected to relate.   
 110 6. The contracts the scheme operator anticipates will be made with reprocessors or exporters or 
both and packaging waste suppliers in the three years immediately following that year’s 
registration . 
7. How the scheme operator is assisting reprocessors to direct resources at — 
(a) increasing the capacity for the collection and recycling  of packaging waste;  and 
(b) encouraging the development of markets for materials or goods made from packaging 
waste that has been recycled.  
8. How information to which regulation  53 applies is to be monitored under a monitoring plan 
so that the scheme operator can meet its obligations under regulation 51. 
PART 2 
Information required for compliance scheme registration  
9. The name of the compliance scheme.  
10. The name of the scheme operator, and where the scheme operator is a partnership, the names 
of all the partners.  
11. The address and telephone number of — 
(a) the registered office of the scheme operator ; or  
(b) if not a company, the head office or principal place of business of the scheme operator.  
12. The name and contact details, including an email address, of an individual at the scheme 
operator who is responsible for dealing with enquiries from the appropriate agency.  
13. The business name of the scheme operator, if different from the name referred to in 
paragraph 10.  
14.The address for service of notices on the scheme operator if different from that referred to in 
paragraph 11. 
15. Full particulars of the agreement for the constitution of the scheme, including — 
(a) the point at which a producer is considered to be a member of the compliance scheme;  
(b) a sample of the contract between the scheme operator and members of the compliance 
scheme;  
(c) any rules or regulations to be observed by members of the compliance scheme.  
16. In relation to each producer who is a member of the compliance scheme — 
(a) the information listed in Schedule 2;  
(b) the producer’s  turnover  in the financial year referred to in paragraphs ( 1)(a) and ( 2)(a) of 
regulation 24, calculated in accordance with that regulation; and  
(c) the amount, in tonnes, of packaging the producer supplied  in the calendar  year referred to 
in paragraphs ( 1)(b) and ( 2)(b) of regulation 24, calculated in accordance with that 
regulation ; 
(d) the name and contact details, including an email address, of an individual at the producer 
who is responsible for dealing with enquiries from the appropriate agency . 
17. Which of the functions described in regulation s 16 to 22 each member of the compliance 
scheme performs in relation to packaging.  
18. If a member performs more than one such function, which function constitutes that 
member’s main activity as a producer.   
 111 19. The relevant SIC code for the function each member of the compliance scheme performs in 
relation to packaging or, where the member performs more than one such function, for the 
function which constitutes that member’s main activity as a producer.  
20. Confirmation that the scheme operator has, where applicable, satisfied the requirements in 
regulation s 63 and 64. 
 SCHEDULE 7 Regulation 66 
The scheme administrator  
Power to delegate functions  
1.—(1) The scheme administrator may enter into an agreement with a public body or with a 
private sector body for that body to perform any of the functions of the scheme administrator on 
behalf of the scheme administrator.  
(2) The scheme administrator must obtain the consent of each of the appropriate authorities 
before entering into an agreement under sub-paragraph (1).  
(3) References in these Regulations to the scheme administrator include a reference to any body 
which is performing any functions of the scheme administrator pursuant to an agreement entered 
into under sub-paragraph (1).  
Principles  
2. In exercising its functions, the scheme administrator is to act in accordance with the following 
principles — 
(a) that it must act fairly in — 
(i) the treatment of relevant authorities and producers across the United Kingdom;  
(ii) the exercise of any discretions conferred on it by these Regulations;  and 
(iii) the recovery of disposal fees and administration fees owed by producers and holding 
companies, and the distribution under these Regulations of the amounts received by 
it in respect of disposal fees;    
(b) that it must take into account differences in circumstances and, where it considers it 
appropriate, adjust the way in which it exercises its functions to reflect those different 
circumstances, in different parts of the United Kingdom;  
(c) the need to incentivise — 
(i) the use of environmentally sustainable packaging ; 
(ii) the prevention of packaging becoming waste;   
(iii) an increase in the reuse of packaging, and in the quantity and quality of packaging 
materials recycled ; and 
(iv) a reduction in the disposal of packaging waste;  
(d) the need to support the provision of efficient and effective waste management services by 
relevant authorities;  
(e) the need to use its resources in the most efficient and effective way ;  
(f) the need to facilitate  achieve ment  of the environmental effects set out in the policy 
statement published under regulation 139; 
(g) that it must exercise its functions transparently, accounting fully for all monies received 
by it, and disbursed by it in the exercise of its functions;  
(h) that it is not to earn a profit from carrying out its functions under these Regulations.   
 112 Communications  
3.—(1) The scheme administrator must make and maintain effective arrangements for — 
(a) communicating with ; and 
(b) where required by these Regulations, or the scheme administrator  otherwise considers it 
appropriate to do so, consulting,  
the persons referred to in sub-paragraph (2).  
(2) Those persons are — 
(a) producers, packaging manufacturers, scheme operators, relevant authorities and waste 
management companies, or, where appropriate, persons appearing to the scheme 
administrator to represent the interests of any of those classes of persons; and  
(b) any other persons appearing to the scheme administrator to have a legitimate interest in — 
(i) the way in which it exercises its functions ; or  
(ii) the development of — 
(aa) its proposals to exercise its functions ; or 
(bb) its strategy or annual operational plan.  
Public information  
4.—(1) The scheme administrator must make available to members of the public, and to 
businesses that discard packaging waste, information on — 
(a) the reuse of packaging;  
(b) the recovery, including recycling, and disposal of packaging waste ; and 
(c) the prevention of packaging litter.  
(2) The scheme administrator may satisfy the obligation in sub -paragraph (1) by any of the 
following measures — 
(a) conducting, or making  arrangements for, national or local public information 
campaigns — 
(i) to inform members of the public and businesses how to manage their packaging 
waste;  
(ii) to encourage members of the public and businesses to reuse and recycle more 
packaging waste;  
(iii) on the prevention of packaging litter;  
(b) providing information or advice to the public on any of the matters referred to in 
paragraph (a) by any other means;  
(c) publishing information on packaging, including on the recyclability of different types of 
packaging in use, and the extent to which different producers are using recyclable 
packaging and other types of environmentally sustainable packaging.  
(3) In determining the type of public information campaigns to be carried out, and what the 
focus of those campaigns should be, the scheme administrator may take account of the following 
factors — 
(a) the recycling rates of packaging waste of different packaging categories ; 
(b) the packaging waste items collected for recycling by relevant authorities, and whether any 
new items are added to recycling collections ; 
(c) differences in recycling behaviour of members of the public and businesses and 
differences in collection systems in different areas within the United Kingdom ; and 
(d) any other factor the scheme administrator considers relevant.   
 113 Guidance, etc., to producers  
5.—(1) The scheme administrator may provide, or arrange for the provision of, information, 
guidance, and any other support the scheme administrator considers necessary, to businesses 
which are producers, to assist them in understanding and meeting their disposal cost obligations 
under these Regulations.  
(2) The scheme administrator may determine what level of information, guidance or other 
support is required for the purposes of this paragraph, taking into account the needs of different 
classes of producer.  
(3) In sub-paragraph (1), “disposal cost obligations” means — 
(a) the obligation to pay disposal fees and administration fees under Part 6; and  
(b) any other obligations which are connected to that obligation, including obligations to 
keep records, make reports of information, and carry out recyclability assessments, which 
are used for the purposes of calculating the producer’s disposal fees and administration 
fees. 
Guidance, etc., to relevant authorities  
6.—(1) The scheme administrator must produce guidance on the methodology and procedure 
that the scheme administrator will use and, where relevant, the factors that the scheme 
administrator will take into account, in — 
(a) assessing the efficient disposal costs  of relevant authorities  under regulation 78; 
(b) assessing the waste income of relevant authorities under regulation 79; and  
(c) determining whether to adjust, and making adjustment s to, the net efficient disposal costs 
of relevant authorities under regulation 80(8) . 
(2) The scheme administrator must publish the guidance under sub-paragraph (1) as soon as 
reasonably practicable after regulations 78 to 80 come into force, in such a manner that it is likely 
to come to the attention of relevant authorities, producers and any other persons likely to have an 
interest in the guidance.  
(3) The scheme administrator must, each year — 
(a) review the guidance under sub-paragraph (1); and  
(b) publish revised guidance by 1st November in that year, if it decides to amend the 
guidance which is to apply in relation to assessments and adjustments for the following 
assessment year.  
(4) The scheme administrator may provide, or arrange for the provision of — 
(a) guidance to relevant authorities on the information the scheme administrator needs to 
assess the chargeable disposal costs of a relevant authority for the purposes of Chapter 4 
of Part 6 ; and 
(b) information, guidance, advice and any other support the scheme administrator considers 
necessary to relevant authorities as to how they may — 
(i) deliver efficient and effective waste management services ; and 
(ii) increase the amount of packaging waste collected for recycling.  
(5) The scheme administrator may determine what level of information, guidance, advice or 
other support is required for the purposes of sub-paragraph (4), taking into account the needs of 
different relevant authorities.  
Methodology and guidance on assessment of recyclability  
7. The scheme administrator must — 
(a) develop, or arrange for the development of, and maintain —  
 114 (i) a methodology which producers must use to assess the recyclability of the packaging 
they supply ; 
(ii) guidance on the use of that methodology;  
(b) publish that methodology and guidance in the way appearing to the scheme administrator 
to be most appropriate to bring them to the attention of producers.  
Statement of policy on modulation of disposal fees  
8.—(1) The scheme administrator must prepare and issue a statement of its policy with respect 
to modulating under regulation 72 the amounts calculated under regulation 70 and used in 
determining a liable producer’s disposal fee, in which it explains the circumstances in which those 
amounts may be increased, reduced or left unchanged.  
(2) Subject to sub-paragraph (6), before issuing a statement of policy under sub-paragraph (1), 
the scheme administrator must — 
(a) send a draft of the proposed statement to each of the appropriate authorities ; and 
(b) publish a draft of the proposed statement in the way appearing to the scheme 
administrator to be most appropriate for the purpose of bringing it to the attention of 
producers and other parties appearing to the scheme administrator to have an interest in 
the policy.  
(3) The draft must be accompanied by notice that representations about the proposal may be 
made by an appropriate authority, by producers who are liable to pay disposal fees or by any other 
person having an interest in the proposal, to the scheme administrator within a specified time, 
which may not be less than 28 days after the day on which that notice is given.  
(4) Before issuing the statement, the scheme administrator must have regard to any written 
representations made to it in accordance with sub-paragraph (3).  
(5) If the statement is issued, the scheme administrator must publish with it an account, in 
general terms, of the written representations made to it in accordance with sub-paragraph (3), and 
the scheme administrator’s response to them.  
(6) Sub-paragraphs (2) to (5) apply in relation to all statements of policy (including revised 
statements of policy), except for the first statement of policy published by the scheme 
administrator under sub-paragraph (1).  
(7) The scheme administrator must — 
(a) publish the first statement of policy issued under sub-paragraph (1) as soon as practicable 
after the day on which the scheme administrator is appointed under regulation  66; 
(b) review its statement of policy at least once every three years, and if necessary issue a 
revised statement of policy.  
Lists  
9.—(1) The scheme administrator must compile a list of items of packaging which are 
commonly disposed of in public bins  or as ground litter  (“commonly binned or littered items”), 
from the best evidence available to the scheme administrator.  
(2) The scheme administrator must compile a list of — 
(a) the items which are collected for recycling from households by each relevant authority in 
each part of the United Kingdom;  
(b) those items which are collected for recycling from households by more than 75% of the 
relevant authorities in the United Kingdom responsible for waste collection.  
(3) The scheme administrator must update the lists comp iled under sub-paragraphs (1) and (2) at 
least once every two years after they are first published, and if the scheme administrator considers 
it necessary, more often.  
(4) The scheme administrator must publish the lists comp iled under sub-paragraphs (1) and (2), 
and any updated versions of those lists, in the way which appears to the scheme administrator to  
 115 be most likely to draw them to the attention of producers, relevant authorities and any other 
persons appearing to the scheme administrator to have an interest in the lists.  
Complaints procedure  
10. The scheme administrator must establish a procedure to manage and resolve complaints by 
producers and relevant authorities as to the way in which the scheme administrator exercises its 
functions under the Regulations, including in particular — 
(a) complaints by liable producers in relation to the assessment of — 
(i) the disposal fee or the administration fee which they are liable to pay for an 
assessment year under regulation 68(2) ; or 
(ii) any recalculation of their disposal fee or administration fee under regulation 87; and  
(b) complaints by relevant authorities in relation to — 
(i) the assessment of their chargeable disposal costs under regulations 78 to 80; 
(ii) any decision concerning the payments they are due to receive towards their 
chargeable disposal costs under regulation 84; or 
(iii) any recalculation of their chargeable disposal costs under regulation 88. 
Strategy  
11.—(1) The scheme administrator must before the end of the period of 6 months beginning 
with the date on which it is appointed publish a strategy setting out — 
(a) its objectives and functions;  
(b) the outcomes it will seek to achieve;  
(c) its governance arrangements;  
(d) how it proposes to deliver its objectives and to exercise its functions;  
(e) how, by performing its functions, it will contribute to — 
(i) the use of environmentally sustainable packaging by producers who are subject to 
obligations under these Regulations;  
(ii) the provision of efficient and effective waste management services by relevant 
authorities, and the collection of a common set of packaging materials for recycling 
from households;  
(iii) enabling consumers and businesses to discard packaging waste correctly through the 
provision of public information and communication campaigns;  
(iv) the achievement of the environmental effects set out in the policy statement required 
under regulation 139;  
(v) the achievement of other rel evant  policy objectives in each nation of the United 
Kingdom.  
(f) its approach to engaging with stakeholders and other organisations having a legitimate 
interest in the way in which it performs its functions;  
(g) how it will measure and report on — 
(i) the delivery of its objectives;  
(ii) the impact of the contributions referred to in paragraph (e) . 
(2) Before publishing the strategy, the scheme administrator must send a draft of its proposed 
strategy to each appropriate authority, and allow the authority at least one month to make 
representations to the scheme administrator on the strategy.  
(3) The scheme administrator must take any representations made to it under sub-paragraph (2) 
into account in finalising its strategy for publication.   
 116 (4) If the scheme administrator makes any changes to its strategy, it must publish an updated 
version as soon as reasonably possible.  
(5) The strategy must be reviewed and updated at intervals not exceeding every 5 years after it is 
first published.  
Operational plan  
12.—(1) The scheme administrator must publish an operational plan each year by 28th February 
setting out — 
(a) its priorities for the financial year starting on the following 1st April (“the operational 
year”);  
(b) forecasts of — 
(i) the total amount of chargeable disposal costs of all relevant authorities in the 
operational year;  
(ii) the amounts of public information disposal costs and administration costs the scheme 
administrator expects to incur in the operational year;  
(iii) the amount s of disposal fees and administration fees it will seek to recover in the 
operational year;  
(c) the approach it proposes to take in the operational year to calculating disposal fees 
payable by liable producers and assessing chargeable disposal costs of relevant authorities 
under Part 6;  
(d) the public information campaigns and other communications activities it proposes to 
conduct in the operational year;  
(e) any other activities it intends to carry out in the operational year;  and 
(f) the key performance indicators it will apply.  
(2) Before publishing the operational plan, the scheme administrator must send a draft of its 
proposed operational plan to each appropriate authority and allow the authority at least one month 
to make representations to it on the plan.  
(3) The scheme administrator must take any representations made to it under sub-paragraph (2) 
into account in finalising its operational plan.  
(4) If the scheme administrator makes any changes to its operational plan, it must publish an 
updated version as soon as reasonably possible.  
Annual report  
13.—(1) The scheme administrator must publish a report each year by 30th September which — 
(a) describes the activities undertaken by the scheme administrator in the exercise of its 
functions during the financial year ending on 31st March of that year;  
(b) sets out — 
(i) the total amount  of disposal fees  raised from producers;  
(ii) the total amount paid to each relevant authority towards its disposal costs;  
(iii) how the scheme administrator has used its resources in the most efficient and 
effective way;  
(c) describes — 
(i) the impact of its fees policy on the use of environmentally sustainable packaging ; 
and  
(ii) the contribution the scheme administrator has made to the achievement of the 
outcomes described in its strategy;  
(d) sets out what activities the scheme administrator has undertaken in the United Kingdom 
as a whole and, where relevant, in each nation in the United Kingdom;   
 117 (e) describes its performance against the key performance indicators for the United Kingdom 
as a whole and, where relevant, for each nation in the United Kingdom.  
(2) Before publishing the report, the scheme administrator must send a draft of its proposed 
report to each appropriate authority and allow the authority at least one month to make 
representations to the scheme administrator on the report.  
(3) The scheme administrator must take any representations made to it under sub-paragraph (2) 
into account in finalising its report.  
Accounts  
14.—(1) The scheme administrator must — 
(a) keep proper accounts and proper accounting records in relation to the exercise of its 
functions under these Regulations (“the relevant functions”);  
(b) prepare in respect of each financial year a statement of accounts giving a true and fair 
view of the state of affairs and the income and expenditure of the scheme administrator in 
relation to the relevant functions, including details of — 
(i) the fees paid to the scheme administrator by producers under regulation 68(2) ;   
(ii) the amounts distributed under regulation 84 to— 
(aa) each relevant authority; and  
(bb) relevant authorities in each nation in the United Kingdom ; and 
(iii) any amounts owed to, and by, the scheme administrator.  
(2) Each statement of accounts must — 
(a) be consistent with IFRS Accounting Standards ; and 
(b) comply with any directions given jointly by all of the appropriate authorities, so far as 
those directions are consistent with IFRS Accounting Standards, as to— 
(i) its content and form;  
(ii) the methods and principles to be applied in preparing it.  
(3) The scheme administrator must publish the statement of accounts prepared under sub -
paragraphs (1) and (2) before 30th September after the end of the financial year to which it relates.  
(4) In this paragraph “accounting records” include all books, papers and other records of the 
scheme administrator relating to, or to matters dealt with in, the accounts required to be kept by 
virtue of this paragraph.  
 SCHEDULE 8 Regulation s 93, 94, 99 and 106  
Reprocessors and exporters  
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 business name of the reprocessor if different from that referred to in paragraph 1.   
 118 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 business name of the exporter if different from that 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 1 7, 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 —  
 119 (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 e xporter 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 person s 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 sites 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;   
 120 (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-paragraph s (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 105(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 2 4(1) to ( 4), 25, 31 and 3 2 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 100(1)(c) ; 
(b) the condition in paragraph 2 4(5) by the end of the year following the accreditation year;  
(c) the condition in paragraph 2 6(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 2 6(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 2 7, 28, 31 and 3 2 in relation to any PERNs which the 
reprocessor issues pursuant to that accreditation , including PERNs which the exporter 
issues after the end of the accreditation year  under regulation  100(2)(c) ; 
(b) the condition in paragraph 2 9(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 2 9(2) (annual report) by 28th February in the year following 
the accreditation year;  
(d) the condition in paragraph 30 during the accreditation year.   
 121 Conditions applying to reprocessors  
 Conditions of issuing PRNs  
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.      
Records and evidence  
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 . 
Reports  
26.—(1)  A reprocesso r 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 reprocesso r 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 reprocesso r 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 104(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 .  
 122 (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  
Conditions of issuing PERNs  
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 96(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 th e 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 any  PERN  it issues  which relate s to packaging waste received 
at an overseas reprocessing site for recycling in December of a year specif ies 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 against the weight of packaging waste received for recycling at 
the overseas reprocessing site . 
Records and evidence  
28. An exporter must , in relation to each PERN it issues,  keep  records — 
(a) identify ing the load of packaging waste to which the PERN relates, and when that waste 
was exported for recycling ; and— 
(b) of evidence demonstrating —  
 123 (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 . 
Reports  
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 PERN s 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 paragraph s 21 and 28. 
(2) An exporter 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  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 104(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 102(3)(b)(ii)  or 103(3)(b)(ii) ; 
(b) operate in accordance with the sampling and inspection plan approved by the appropriate 
agency under regulation 105(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) may not issue  PRNs or PERNs  in relation to any packaging waste which is a deposit item ;  
 124 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.  
 SCHEDULE 9 Regulation 109 
Corporate Groups  
PART 1 
General  
Application and interpretation  
1.—(1) This Schedule  applies where, in relation to a relevant year, two or more bodies corporate 
in the same corporate group are each producers . 
(2) In this Schedule — 
“relevant group member ” means a body corporate which is — 
(a) a producer; and  
(b) a member of a corporate group, two or more members of which are producers;  
“the threshold criteria ” means the criteria in paragraph (1) or (2) of regulation 24 read together 
with paragraphs (3) to ( 7) of that regulation . 
Large and small producers: application of thresholds to relevant group companies  
2.—(1) If, in relation to a relevant year — 
(a) the aggregate of the turnovers  of each relevant group member  in a corporate group in the 
financial year referred to in regulation 24(1)(a)  satisfies the threshold criterion  in that 
paragraph ; and  
(b) the aggregate of the amounts of packaging supplied  by each relevant group member  in the 
calendar year referred to in regulation 24(1)(b)  satisf ies the threshold criterion  in that 
paragraph,  
every relevant group member in the corporate group  is a large producer in relation to the relevant 
year, whether or not it would satisfy those criteria  if it were not a member of the group.  
(2) If, in relation to a relevant year —  
(a) the aggregate of the turnovers  of each relevant group member in a corporate group in the 
financial year referred to in regula tion 24(2)(a)  satisfies the threshold criterion  in that 
paragraph ; and 
(b) the aggregate of the amounts of packaging supplied  by each relevant group member  in the 
calendar year referred to in regulation 24( 2)(b) satisf ies the threshold criterion  in that 
regulation ; but  
(c) one or both of the criteria in sub-paragraph s (1)(a) and (b) are not satisfied ,  
each relevant group member  is a small producer in relation to the relevant year , whether or not it 
would satisfy the tests referred to in sub -paragraphs (a) and (b)  if it were not a member of the 
group.   
 125 Individual and group registrations  
3. Subject to regulation 50, a relevant group member  must comply with its  obligation  under 
regulation 25(1)(a)  to be registered with the appropriate agency  for a relevant year by — 
(a) being registered separately for that year with the appropriate agency as required by 
regulation  25(1)(a) , in which case the relevant group member has its own obligations 
under these Regulations ; or 
(b) being registered for that year with the appropriate agency  as part of  a group registration 
on an application under paragraph 4, in which case paragraph s 5 and  6 apply. 
Application for group registration  
4.—(1) An application to the appropriate agency for a group registration must be made by the 
holding company  of a corporate group  (whether or not the holding company is a producer) . 
(2) The application must  be submitted to the appropriate ag ency— 
(a) in relation to 2025, on or before 1st April 2025;  
(b) in relation to 2026 or any subsequent year, on or before — 
(i) the date specified in regulation 36(1)(b)(i) , if any of the relevant group members 
included in the application would be required to apply for registration by that date if 
they were applying for registration separately ; or 
(ii) the date specified in regulation 36(1)(b)(ii)  in any other case.  
(3) The application must — 
(a) be made in such form and manner as the appropriate agency specifies;  
(b) include the information set out in Schedule 2 for each company to be included in the 
group registration;  
(c) be accompanied by such other information as the appropriate agency may reasonably 
require to determine the application;  
(d) be verified by the signature of an approved person of the holding company; and  
(e) be accompanied by payment of the sum of — 
(i) the charge  under paragraph 2(1)(a) to (c) of Schedule 1 for the holding company  
(and for this purpose a holding company which is not a producer must pay the charge 
that would be payable if it were a producer) ; 
(ii) the charge  under paragraph 2(1)(d) of Schedule 1 for each subsidiary ; and  
(iii) the additional charge  for late registration under  paragraph 2 (2)(a)  of Schedule 1, if 
the application is made after the date referred to in sub-paragraph (2). 
(4) Regulation 38 applies to the application with the modification that the notice required to be 
given by the appropriate agency under regulation 38(2)(a) or (3) must be given to the holding 
company.  
(5) The conditions in regulation 39 apply to the registration, with the modification that the first 
reference to P in each of sub -paragraphs (a), (c), (d) and (e) is to be treated as including a 
reference to the holding company.  
(6) Regulation 40 applies in relation to the registration, with the modification that the grounds in 
paragraph (1) for cancelling the registration are to be treated as including the ground that it 
appears to the appropriate agency that the holding company is in breach of a condition in 
regulation 39 which applies to the holding company by virtue of sub-paragraph ( 5) above.  
Effect of group registration: producer responsibility obligations  
5.—(1) Where there is a group registration —  
 126 (a) the relevant group members  in the group registration , other than the holding company,  are 
exempt from complying with their obligations under paragraph (1)(a), (c) and (d) , 
paragraph (2) and paragraph (3)(a) and (c)  of regulation  25 for the relevant year;  
(b) the holding company (whether or not it is a producer) must comply with the obligations 
in paragraph (1)(c) and (d) and paragraph (3)(a) and (c) of regulation 25 which each 
relevant group member in the group registration that is a producer would have had, but 
for paragraph (a) ; 
(c) the holding company and a subsidiary registered as part of the group registration must 
both keep — 
(i) the records specified in relation to the sub sidiary in regulation 42(1) , in accordance 
with regulation 42(2) ; and  
(ii) records of any assessments carried out of the recyclability of the packaging which 
the subsidiary supplies, in accordance with regulation 42(5) . 
(2) Where, under  paragraph 2, each relevant group member  in a group registration is a large 
producer — 
(a) the holding company has recycling obligations for the relevant year which are the 
aggregate of  the recycling obligations which each relevant group member in the group 
registration would have had but for the group registration;  and 
(b) the holding company must  provide to the appropriate agency a certificate of compliance 
in accordance with regulatio n 49 in relation to those recycling obligations . 
(3) For the purposes of paragraph ( 1)(b) regulation 47 applies in relation to reports made by the 
holding company, with the modification that the report must be verified by the signature of the 
approved person of the holding company . 
 
(4) For the purposes of paragraph (2)(a), regulation 48 applies with the modifications that the 
reference to a large producer in paragraph (1), and the references to a producer in paragraphs (2) 
to (4), are to be treated as including references to the holding company.  
Effect of group registration: liability for disposal fees and administration fees  
6.—(1) Where one or more relevant group members in a group registration , other than the 
holding company, is a liable producer under regulation 68— 
(a)  the liability  of each of those persons  to pay disposal fees and administration fees is  
transferred to the holding company ; and 
(b) the holding company is liable to pay to the scheme administrator — 
(i) an amount equal to the sum of the disposal fees ; and 
(ii) an amount equal to the sum of the  administration fees,  
which would, apart from this paragraph, be payable by each relevant group member in the 
group  registration . 
(2) For the purposes of sub -paragraph ( 1), references in Part 6 and Schedule 7— 
(a) to a liable producer are to be read as references to the holding company ; and 
(b) to information are to be read as references to information regarding each relevant group 
member in the group registration.   
 127 PART 2 
Mid-year changes  
Producer joining a corporate group  
7. Paragraphs 8 to 11 apply where a corporate body  which is a producer (“NC”) joins a 
corporate group and becomes a relevant group member . 
8. NC must be registered with the appropriate agency either — 
(a) separately  as referred to in paragraph 3(a);  or 
(b) by being added to a group registration under Part 1 of this Schedule and for the purposes 
of this paragraph — 
(i) such registration is effected upon notice being given by the holding company to the 
appropriate agency of the change in the group registration ; and 
(ii) where prior to joining the group of companies the company was registered with the 
appropriate agency, the appropriate agency must cancel that registration and 
regulation 40(3)  applies to that cancellation as it applies to a cancellation under 
regulation 40(2) . 
9.—(1) Where , in relation to the year in which NC joins the corporate group , NC is added to a 
group registration —  
(a) if NC satisfies the threshold criteria  as an individual producer , paragraph 5 applies as if 
NC had been part of the group registration for the whole year;  
(b) if NC does not itself satisfy the threshold criteria, paragraph 5 applies with the 
modification in sub-paragraph (2).  
(2) The obligation of the holding company is to be calculated as a proportion of the company’s 
recycling obligations, disposal fee obligations and administration fee obligations for the year in 
which it joins the group, such proportion being calculated as provided in paragraph 11. 
10.—(1) Where  in relation to the year in which NC joins the corporate group , NC is registered 
separately with the appropriate agency — 
(a) if NC satisfies the threshold criteria  as an individual criteria , NC must comply with its 
obligations under these Regulations for that year;  
(b) if NC does not itself satisfy the threshold criteria, NC must comply with its obligations 
under these Regulations for that year as varied by sub-paragraph (2).  
(2) The obligation of NC is to be calculated as a proportion of its recycling obligations, disposal 
fee obligations and scheme administrator fee obligations for the year in which it joins the group, 
such proportion being calculated as provided in paragraph 11. 
11. The proportion referred to in paragraphs 9(2) and 10(2)  is to be calculated as  
  where — 
“G” is the number of days in the relevant year during which the company is a member of the 
corporate group ; and 
“H” is the number of days in the relevant year.  
Producer ceasing to be a member of  a corporate group  
12. Paragraphs 13 and 14  apply where a relevant group member  (“XC”) ceases to be a member 
of a corporate group.  
13. Where, in relation to the year during which XC leaves the corporate group, XC is registered 
with the appropriate agency as part of a group registration — 
(a) if XC satisfies the threshold criteria  as an individual producer —   
 128 (i) XC must register with the appropriate agency as required by regulation 25(1)(a)  
within 28 days of ceasing to be a member of the group , and regulations 37 to 40 
apply as if this were an occurrence specified in regulation 36(3)(a) ; but 
(ii) the holding company must comply with XC’s obligations under these Regulations 
for that year ; 
(b) if XC does not satisfy the threshold criteria as an individual producer, the holding 
company must continue to comply with the obligations under these Regulations which 
XC had for that year as a relevant group member .  
14. Where , in relation to the year during  which XC leaves  the corporate group, XC is registered 
separately with the appropriate agency — 
(a) if XC itself satisfies the threshold criteria, XC must comply with its obligations under 
these Regulations for that year  as an individual producer;  
(b) if XC does not itself satisfy the threshold criteria , the holding company must comply with 
the obligations under these Regulations which XC had for that year  as a relevant group 
member . 
Producer changing corporate groups  
15. Paragraphs 16 and 17  apply where a relevant group member (“CC”) of one corporate group 
(“the first group”) ceases to be a member of that group and, in the same calendar year,  becomes a 
member of another corporate group (“the second group”) . 
16. Where, immediately before leaving the first group, CC is registered with the appropriate 
agency as part of a group registration, the holding company of the first group must continue to 
comply with CC’s obligations under these Regulations for the whole of the year in which CC 
changes groups.  
17. Where, immediately before leaving the first group, CC is registered separately with the 
appropriate agency, CC must comply with its obligations under the Regulations for the whole of 
the relevant year.   
 SCHEDULE 10 Regulation  110  
Licensors and Pub Operating Businesses  
PART 1 
Licensors  
Meaning of “licence agreement”, “licensor” and “licensee”  
1. In this Part of this Schedule — 
(a) a “licence agreement” means an agreement or a number of related agreements in or under 
which one person (the “licensor”) grants another person (the “licensee”) a licence that — 
(i) allows the licensee to use a trade mark as the name under which the licensee sells or 
otherwise supplies from premises goods that are associated with that trade mark; and  
(ii) includes an obligation (whether expressed as a positive obligation or as a prohibition 
or restriction) on the licensee that relates to the presentation of those premises; and  
(b) “licensor” and “licensee” are to be interpreted in accordance with sub -paragraph (a).   
 129 Obligations of licensors  
2.—(1) A licensor (“LR”) has the obligations set out in paragraphs 5 and 6, where the case in 
paragraph 3 or the case in paragraph 4 applies.  
(2) Where the case in paragraph 4 applies, LR’s obligations under paragraphs 5 and 6 are in 
addition to LR’s producer responsibility obligations.  
3. The case in this paragraph is that — 
(a) LR— 
(i) is a producer, and has a turnover which meets the criterion in regulation 24(2)(a) ; but 
(ii) does not have producer responsibility obligations, because the amount of packaging 
supplied by LR does not meet the criterion in regulation 24(2)(b) ; 
(b) one or more of LR’s licensees are producers, but do not have producer responsibility 
obligations because they do not meet one or both of the criteria in regulation 24(2) ; and  
(c) the total amount of packaging specified in paragraph 7 which is supplied by LR and the 
licensees referred to in sub -paragraph (b) meets the criterion in regulation 24(2)(b) . 
4. The case in this paragraph is that — 
(a) LR has producer responsibility obligations;  
(b) one or more of LR’s licensees are producers, but do not have producer responsibility 
obligations because they do not satisfy one or both of the criteria in regulation 24(2) ; 
(c) the total amount of packaging specified in paragraph 7 which is supplied by the licensees 
referred to in sub -paragraph (b) meets the criterion in regulation 24(2)(b) . 
5.—(1) Where LR has obligations under this Part, LR must collect the data referred to in sub-
paragraph (2) in relation to packaging specified in paragraph 7 which is supplied by — 
(a) LR and the licensees referred to in paragraph 3(b), where the case in paragraph 3 applies; 
or 
(b) the licensees referred to in paragraph 4(b), where the case in paragraph 4 applies.  
(2) The data referred to in this paragraph are the data specified in — 
(a) paragraph 11 of Schedule 4 (which for this purpose is to be read as if references to “the 
producer” were references to the persons referred to in sub -paragraph (1)(a) and (b)); and  
(b) paragraph 13 of Schedule 4, if the relevant packaging supplied by any of the persons 
referred to in sub -paragraph (1)(a) or (b) includes plastic or paper bags supplied in 
England.  
(3) LR must — 
(a) use its best endeavours to obtain from its licensees the data which LR is required by sub -
paragraph (1) to collect; and  
(b) make an estimate, and record it, in any case in which it is unable to obtain such data.  
(4) LR must keep the data collected under sub -paragraph (1) and a record of any estimates made 
under sub-paragraph (3)(b) for at least 7 years after the end of the reporting period to which the 
data relate.  
6.—(1) LR must report every 12 months — 
(a) to the appropriate agency, the data specified in paragraph 11 of Schedule 4; and  
(b) to the Environment Agency, the data specified in paragraph 13 of Schedule 4,  
which it has collected under paragraph 5(1) or estimated under paragraph 5(3)(b)  in relation to the 
packaging specified in paragraph 7.  
(2) Regulation 47 applies to LR in relation to information which LR is required to report under 
sub-paragraph (1), as it applies  to a producer in relation to information which the producer is 
required to report under Chapter 2 of Part 4 .  
 130 7. For the purposes of paragraphs 3 to 6, the packaging specified in this paragraph is — 
(a) packaging that bear a trade mark of LR, where a licence to use that trade mark has been 
granted to LR’s licensees under their licence agreement;  
(b) packaging for goods that bear a trade mark of LR, where a licence to use that trade mark 
has been granted to LR’s licensees under their licence agreement;  
(c) packaging for goods supplied by a licensee, where the licensee has been required by their 
licence agreement to purchase — 
(i) the packaged goods ; or 
(ii) the goods, and packaging for them,  
either from the LR, or from a supplier nominated or authorised by LR with whom LR has 
negotiated some or all of the terms of their supply to the licensee . 
PART 2 
Pub Operating Businesses  
Meaning of “pub operating agreement”, “pub operating business” and “tenant”  
8.—(1) In this Part of this Schedule — 
(a) a “pub operating agreement” means an agreement or a number of related agreements in or 
under which — 
(i) one person (a “pub operating business”) grants a tenancy or lease of premises 
referred to in sub -paragraph (2) to another person (a “tenant”) ; and  
(ii) the tenant is under an obligation to purchase some or all of the alcohol (or, in 
Northern Ireland, intoxicating liquor) to be supplied on or from the premises, from 
the pub operating business or from a person or persons nominated or authorised by 
or on behalf of the pub operating business;  
(b) “pub operating business” and “tenant” are to be interpreted in accordance with paragraph 
(a). 
(2) The premises referred to in this sub -paragraph are premises — 
(a) in respect of which a premises licence is in force; and  
(b) that are used by the tenant — 
(i) in England and Wales, for— 
(aa) the sale by retail of alcohol for consumption on the premises or both on and 
off the premises; or  
(bb) the supply of alcohol by or on behalf of a club to, or to the order of, a member 
of the club, for consumption on the premises or both on and off the premises ; 
(ii) in Scotland, for the sale by retail or supply of alcohol for consumption on the 
premises or both on and off the premises;  
(iii) in Northern Ireland, for the sale of intoxicating liquor by retail for consumption 
either in or off the premises, or for consumption off the premises.  
Obligations of pub operating businesses  
9.—(1) A pub operating business (“PB”) has the obligations set out in paragraphs 12 and 13, 
where the case in paragraph 10 or the case in paragraph 11 applies.  
(2) Where the case in paragraph 11 applies, PB’s obligations under paragraphs 12 and 13 are in 
addition to PB’s producer responsibility obligations.  
10. The case in this paragraph is that —  
 131 (a) PB— 
(i) is a producer, and has a turnover which meets the criterion in regulation 24(2)(a) ; but 
(ii) does not have producer responsibility obligations, because the amount of packaging 
supplied by PB does not meet the criterion in regulation 24(2)(b) ; 
(b) one or more of PB’s tenants are producers, but do not have producer responsibility 
obligations because they do not meet one or both of the criteria in regulation 24(2) ; and  
(c) the total amount of packaging specified in paragraph 14 which is supplied by PB and the 
tenants referred to in sub -paragraph (b) meets the criterion in regulation 24(2)(b) . 
11. The case in this paragraph is that — 
(a) PB is a producer and has producer responsibility obligations;  
(b) one or more of PB’s tenants are producers, but do not have producer responsibility 
obligations because they do not satisfy one or both of the criteria in regulation 24(2) ; 
(c) the total amount of packaging specified in paragraph 14 which is supplied by the tenants 
referred to in sub -paragraph (b) meets the criterion in regulation 24(2)(b) . 
12.—(1) Where PB has obligations under this Part, PB must collect the data referred to in sub-
paragraph (2) in relation to packaging specified in paragraph 14 which are supplied by — 
(a) PB and the tenants referred to in paragraph 10(b), where the case in paragraph 10 applies; 
or 
(b) the tenants referred to in paragraph 11(b), where the case in paragraph 11 applies.  
(2) The data referred to in this sub-paragraph are the data specified in — 
(a) paragraph 11 of Schedule 4 (which for this purpose is to be read as if references to “the 
producer” were references to the persons referred to in sub -paragraph (1)(a) and (b)); and  
(b) paragraph 13 of Schedule 4, if the relevant packaging supplied by any of the persons 
referred to in sub -paragraph (1)(a) or (b) includes plastic or paper bags supplied in 
England.  
(3) PB must — 
(a) use its best endeavours to obtain from its tenants the data which PB is required by sub -
paragraph (1) to collect; and  
(b) make an estimate, and record it, in any case in which it is unable to obtain such data.  
(4) PB must keep the data collected under sub -paragraph (1) and a record of any estimates made 
under paragraph (3)(b) for at least 7 years after the end of the reporting period to which the data 
relate.  
13.—(1) PB must report every 12 months — 
(a) to the appropriate agency, the data specified in paragraph 11 of Schedule 4; and  
(b) to the Environment Agency, the data specified in paragraph 13 of Schedule 4,  
which it has collected under paragraph 12(1)  or estimated under paragraph 12(3)(b)  in relation to 
the packaging specified in paragraph 14.  
(2) Regulation 47 applies to PB in relation to information which PB is required to report under 
sub-paragraph (1), as it applies  to a producer in relation to information which the producer is 
required to report under  Chapter 2 of Part 4 . 
14. For the purposes of paragraphs 10 to 13, the packaging specified in this paragraph is 
packaging for goods that a tenant is required by their pub operating agreement to purchase from 
PB or from a person nominated or authorised by PB .  
 132 PART 3 
Interpretation  
Interpretation of this Schedule  
15.—(1) In Parts 1 and 2 of this Schedule — 
(a) “premises” means any sales outlet on which packaging is handled and includes any land, 
vehicle, vessel, mobile plant and stall;  
(b) references to the criteria in regulation 24(2)(a)  or (b) (threshold criteria for small 
producers) are to those criteria read together with regulation 24(3)  to (7). 
(2) For the purposes of paragraph 8 of this Schedule — 
(a) in relation to England and Wales — 
(i) “alcohol” has the same meaning as in section 191 of the Licensing Act 2003 (a); 
(ii) “premises licence” has the same meaning as in section 11 of that Act;  
(iii) “sale by retail” in relation to any alcohol has the same meaning as in section 192 of 
that Act;  
(iv) “supply of alcohol” has the same meaning as in section 14 of that Act ; 
(b) in relation to Scotland — 
(i) “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 
2005( b); 
(ii) “premises licence” has the meaning given in section 17 of that Act;  
(c) in relation to Northern Ireland — 
(i) “intoxicating liquor”  has the meaning given in Article 2 of the Licensing (Northern 
Ireland) Order 1996( c); 
(ii) “premises licence” means a licence for premises granted under Article 7 or 11 of that 
Order (d); 
(iii) “sale by retail”  means a sale at any one time to any one person of quantities not 
exceeding — 
(aa) 9 litres or 1 case of spirits, wine or made -wine; or  
(bb) 21 litres or 2 cases of beer or cider.  
 SCHEDULE 11 Regulation 114(4)  
Procedure on appeals  
Application  
1.—(1) Paragraph 2 applies to a person who wishes to appeal to the First Tier Tribunal under 
regulation 112 or 113. 
(2) Paragraphs 3 to 6 apply to a person who wishes to appeal to — 
(a) the Planning Appeals Commission under regulation 112 or 113; or  
(b) to the Scottish Ministers under regulation 112. 
 
(a) 2003 c. 17.  Section 191 was amended by section 135 of the Policing and Crime Act 2017 (c. 3) and S.I. 2006/2407.  
(b) 2005 asp 16. Section 2 was amended by section 54 of the Air Weapons and Licensing (Scotland) Act 2015 (asp 10).  
(c) S.I. 1996/3158 (N.I. 22).  The definition of intoxicating liquor in Article 2 was amended by paragraph 1 of Schedule 2 to the 
Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7).  
(d) Article 7 was amended by section 4(1) of the Licensing Act (Northern Ireland) 2016 (c. 24), section 25(2) of the Licensing 
and Registration of Clubs (Amendment) Act (Northern Ireland) 2021 (c. 7) and S.I. 2004/1994 (N.I. 17).   
 133 (3) Paragraph 7 applies to a person who wishes to appeal to the sheriff under regulation 113. 
Appeals to First Tier Tribunal  
2.—(1) A person referred to in paragraph 1(1) must appeal to the First Tier Tribunal in 
accordance with the Tribunal Procedure (First -tier Tribunal) (General Regulatory Chamber) Rules 
2009( a) (“the 2009 Rules”), and the 2009 Rules apply to the appeal, subject to the modification in 
sub-paragraph (2).  
(2) Rule 22 of the 2009 Rules applies to an appeal brought under these Regulations as if rule 
22(1)(b) required the notice of appeal to be received by the Tribunal within 2 months of — 
(a) in the case of an appeal under regulation 112, the date on which notice of the decision to 
which the appeal relates was sent to the appellant, or  
(b) in the case of an appeal under regulation 113, the date on which any complaint relating to 
that decision under the scheme administrator's complaints procedure has been completed.  
Appeals to Planning Appeals Commission or Scottish Ministers  
3.—(1) A person referred to in paragraph 1(2) must appeal to the Planning Appeals Commission 
or to the Scottish Ministers (“the relevant appeal body”) as the case may be, by notice in writing 
sent to the relevant appeal body.  
(2) The notice referred to in sub -paragraph (1) must be accompanied by — 
(a) a statement of the grounds of appeal;  
(b) a copy of the following documents — 
(i) the decision or notice which is the subject -matter of the appeal ; 
(ii) any relevant application ; 
(iii) in the case of an appeal to the Planning Appeals Commission, any correspondence 
between the appellant and the scheme administrator or the appropriate agency or 
document relevant to the appeal ; and 
(iv) any other document on which the appellant intends to rely for the purposes of the 
appeal ;  
(c) a statement indicating whether the appellant wishes the appeal to be in the form of a 
hearing or to be determined on the basis of written representations ; and  
(d) in the case of an appeal to the Planning Appeals Commission, payment of the fee in 
regulation 9(1) of the Planning Fees (Deemed Planning Applications and Appeals) 
Regulations (Northern Ireland) 2015( b). 
4.—(1) Subject to sub -paragraph (2), notice of appeal must be given before the expiry of the 
period of 2 months beginning with — 
(a) in the case of an appeal under regulation 112, the date on which notice of the act or 
decision to which the appeal relates was sent to the appellant ; or 
(b) in the case of an appeal under regulation 113, the date on which the scheme 
administrator ’s complaints procedure has been completed in relation to that act or 
decision.  
(2) In the case of an appeal to the Scottish Ministers, they may at any time allow notice of an 
appeal to be given after the expiry of the period mentioned in sub -paragraph (1).  
5. Where under regulation 114(3)  the appeal is by way of a hearing, the person hearing the 
appeal (“P”) must, unless P has been appointed to determine the appeal under regulation 
114(2)(a) , make a written report to the relevant appeal body of P’s conclusions, including where 
 
(a) S.I. 2009/1976.  
(b) S.R. 2015 No. 136.   
 134 relevant any findings of fact, and recommendation as to the determination of the appeal with the 
reasons for the recommendation.  
6.—(1) The relevant appeal body or other person determining an appeal must notify the 
appellant in writing of the decision and the reasons for the decision.  
(2) If the relevant appeal body determines an appeal after a hearing under regulation 114(3) , it 
must provide the appellant with a copy of any report made under paragraph 5.  
(3) The relevant appeal body or other person determining an appeal must, at the same time as 
notifying the appellant of the decision, send a copy of any document sent to the appellant under 
this paragraph to — 
(a) the appropriate agency, if the appeal concerns a decision of the appropriate agency ; 
(b) the labelling authority, if the appeal concerns a civil sanction imposed by it ; or 
(c) the scheme administrator, if the appeal concerns a decision of the scheme administrator.  
Appeals to the Sheriff  
7. A person referred to in paragraph 1(3) must appeal to the sheriff within 2 months of the date 
on which any complaint under the scheme administrator’s complaints procedure about the 
decision to which the appeal relates has been completed.  
 SCHEDULE 12 Regulation 125 
Powers of entry etc.  
Introduction  
1.—(1) For the purposes of regulation 125— 
(a) the provisions of section 108 and 108A of, and Schedule 18 to, the 1995 Act which apply 
by virtue of regulation 125 are to be read with the modifications in paragraph 2;  
(b) the provisions of Article 72 of , and Schedule 4 to, the 1997 Order which apply by virtue 
of regulation 125 are to be read with the modifications in paragraph 3.  
(2) In this Schedule, “the 1995 Act” and “the 1997 Order” have the meanings given in 
regulation  125(5) . 
Modifications to the 1995 Act  
2.—(1) The provisions of se ction 108 and 108A  of, and Schedule 18 to, the 1995 Act referred to 
in paragraph 1(1)(a) are to be read as if — 
(a) references to an authorised person were references to a person authorised under 
regulation 125(1) ; 
(b) references to an enforc ing authority were references to the appropriate agency or the 
labelling authority.  
(2) Section 108(4) is to be read as if — 
(a) in paragraph (a), the words “(or, in an emergency, at any time and, if need be, by force)” 
were omitted;  
(b) paragraphs (d) and (g) were omitted;  
(c) in paragraph (f) — 
(i) the references to articles or substances in relation to which samples may be taken 
were to packaging , packaging materials and packaging waste; and 
(ii) the power in that paragraph to take samples of the air, water or land in, on, or in the 
vicinity of, the premises were omitted ;  
 135 (d) in paragraph (h) — 
(i) the reference to any article or substance as is mentioned in paragraph (g) were to any 
sample of packaging, packaging materials or packaging waste taken under section 
108(4) (f) as modified by paragraph (c) above;  
(ii) in sub -paragraph (iii) — 
(aa) the references to an offence were to an offence under any of regulation s 127 to 
130 or regulation 132; 
(bb) for the words from “a variation notice” to the end, there were substituted “the 
imposition of a civil sanction under regulation 133 or the Environment 
Regulations (Enforcement Measures) (Scotland) Order 2015( a)”; 
(iii) sub-paragraph (iv), as it applies to Scotland, were omitted;  
(e) in paragraph (k) — 
(i) references to records were to the records and returns required to be kept and 
provided to the appropriate agency or the labelling authority under these 
Regulations, or under the 2023 Data Regulations ; and 
(ii) references to information recorded in computerised form included any information 
recorded electronically;  
(f) in paragraph (ka) as it applies to England and Wales, in sub -paragraph (ii) the words 
“(other than an article or substance within paragraph (g))” were omitted;  
(g) in paragraph (ka) as it applies to Scotland, the reference to an offence under any of the 
pollution control enactments, or under section 40(1) of the Regulatory Reform (Scotland) 
Act 2014 were to an offence under these Regulations.  
(3) Section 108(6) is to be read as if  the words “Except in an emergency” and “or to take heavy 
equipment on to any premises which are to be entered” were omitted . 
(4) Section 108(7) is to be read as if the words “Except in an emergency” were omitted . 
(5) Section 108(7A) as it applies to England and Wales  is to be read as if — 
(a) the reference to “subsection (4)(ka)” were a reference to “subsection (4)(f), (h), (k) and 
(ka)”; and  
(b) the words “This is subject to subsections (7B) and (7C)” were omitted . 
(6) Section 108(7A) as it applies to Scotland  is to be read as if — 
(a) the reference to “subsection (4)(ka)” were a reference to “subsection (4)(f), (h), (k) and 
(ka)”; and  
(b) the words “to seize and remove documents” were omitted . 
(7) Paragraphs 2 to 6 of Schedule 18 are to be read as if— 
(a) any reference to a designated person were to a person authorised in writing by the 
appropriate agency or the labelling authority to exercise on its behalf any power conferred 
by regulation  125; 
(b) any reference to a relevant power were to a power conferred by regulation  125. 
(8) Paragraph 6(1) of Schedule 18 is to be read as if any reference to section 108(4)(a) or (b) or 
(5) of the 1995 Act were to regulation  125. 
Modifications to the 1997 Order  
3.—(1) The provisions of Article 72 of, and Schedule 4 to, the 1997 Order referred to in 
paragraph 1(1)(b) are to be read as if — 
(a) references to an authorised person were references to a person authorised under 
regulation 125(1) ; 
 
(a) S.S.I. 2015/383.   
 136 (b) references to an enforc ing authority were references to the appropriate agency or the 
labelling authority.  
(2) Article 72(2) is to be read as if — 
(a) in paragraph (a), the words “(or, in an emergency, at any time and, if need be, by force)” 
were omitted;  
(b) paragraphs (d) and (g) were omitted;  
(c) in paragraph (f) — 
(i) the references to articles or substances in relation to which samples may be taken 
were to packaging , packaging materials and packaging waste; and 
(ii) the power in that paragraph to take samples of the air, water or land in, on, or in the 
vicinity of, the premises were omitted ; 
(d) in paragraph (h) — 
(i) the reference to any article or substance as is mentioned in paragraph (g) were to any 
sample of packaging, packaging materials or packaging waste taken under Article 
72(2)(f) as modified by paragraph (c) above;  
(ii) in sub -paragraph (iii) — 
(aa) the references to an offence were to an offence under regulation 127; 
(bb) for the words from “a variation notice” to the end, there were substituted “the 
imposition of a civil sanction under regulation 133”; 
(e) in paragraph (j) — 
(i) references to records were to the records and returns required to be kept and 
provided to the appropriate agency under these Regulations, or under the 2023 Data 
Regulations ; and 
(ii) references to information recorded in computerised form included any information 
recorded electronically.  
(3) Article 72(4) is to be read as if the words “Except in an emergency” and “or to take heavy 
equipment on to any premises which are to be entered” were omitted.  
(4) Article 72(5) is to be read as if the words “Except in an emergency” were omitted.  
(5) Article 72 is to be read as if, after paragraph (5), there were inserted — 
“(5A)  An authorised person may not exercise the powers in paragraph (2)(f), (h) and (j) 
without — 
(a) the consent of a person entitled to grant access to material on or accessible from 
the premises; or  
(b) the authority of a warrant by virtue of Schedule 4 to this Order. ”. 
(6) Paragraphs 2 to 5 of Schedule 4 are to be read as if — 
(a) any reference to a n authorised  person were to a person authorised in writing by the 
appropriate agency or the labelling au thority to exercise on its behalf any power conferred 
by regulation 125; 
(b) any reference to a relevant power were to a power conferred by regulation 125. 
(7) Paragraph 5 of Schedule 4 is to be read as if any reference to Article 72(2)(a) or (b) or (3) of 
the 1997 Order were to regulation 125.  
 137  SCHEDULE 13 Regulation 133 
Civil sanctions  
PART 1 
Application  
1.—(1) Parts 3 (fixed monetary penalties), 4 (variable monetary penalties) and 6 (enforcement 
undertakings) apply to enforcement agencies in England, Wales and Northern Ireland, and to a 
Scottish enforcement agency other than SEPA in Scotland.  
(2) Part 2 (table of civil sanctions) applies — 
(a) to enforcement agencies in England, Wales and Northern Ireland, and to a Scottish 
enforcement agency other than SEPA in Scotland ; and 
(b) to SEPA  so far as it concerns compliance notices.  
(3) Part 5 (compliance notices) applies to all enforcement agencies.  
PART 2 
Table of civil sanctions  
Table  
Requirements  Fixed 
Monetary 
Penalty  Variable 
Monetary 
Penalty  Compliance 
Notice  Enforcement 
Undertaking  
Producers      
Regulation s 25(1)(a)  and 26(4)(b)  
(registration obligation s) No Yes Yes Yes 
Regulation s 25(1)(b) , (2)(b) and 
(3)(b)  and 29(1)(b)  (obligations to 
keep record s and evidence ) Yes No No No 
Regulation 25(1)(c)  and (d)  and 
(3)(c) (reporting obligations)  No  Yes Yes  Yes 
Regulations 25(2)(a)  (recycling 
obligation)  No Yes Yes Yes 
Regulations  25(2)(c)  (certification 
obligation)  Yes No No No 
Regulations 25(3)(a)  and 29(1)(a)  
(obligation s to carry out 
recyclability assessments)  No Yes Yes Yes 
Regulation 29(2)  (obligations to 
label packaging or otherwise 
provide information on recyclability 
of packaging)  No Yes Yes Yes 
Regulation 35(2)  (requirement to 
pay charges to labelling authority)  Yes No Yes No 
Regulation 36(1) to (3) ( requirement  
to apply to the appropriate agency 
for registration by the date specified 
in regulation 36(1) , (2) or (3) as 
applicable)  No Yes No No 
Regulation 39(b) to (e)  
(requirement s to provide Yes No No No  
 138 information  to the appropriate 
agency ) 
Regulations 43(2)  to (4), 44(2)  and 
(3), 45(2)  and 46(2)  (requirements  
to make reports to the appropriate 
agency by the dates specified)  No Yes No No 
Regulation 76(4)  (requirement to 
pay disposal fees and administration 
fees no later than 50 days after the 
due date)  No Yes Yes  Yes 
Regulation 121(1)  (requirement to 
provide information to the labelling 
authority)  Yes No No No 
Scheme operators      
Regulation 51(1)(b)  (obligation to 
register a compliance scheme)  No Yes Yes Yes 
Regulation 51(3)(a)  (obligation to 
apply for registration of scheme 
members)  No Yes Yes Yes 
Regulation 51(3)(b)  (obligation to 
report information relating to 
scheme members)  No Yes No Yes 
Regulation 51(3)(c)  (compliance 
scheme recycling obligation)  Yes No Yes No 
Regulation 51(6)(a)  (obligation to 
keep records and submit reports)  No Yes Yes Yes 
Regulation 51(6)(b)  (obligation to 
provide statement of compliance)  No Yes Yes Yes 
Regulation s 57(5)  and 62(4)  
(obligation to provide information to 
scheme members)  No Yes Yes Yes 
Regulation 61 (obligation to comply 
with conditions of registration)  No Yes Yes Yes 
Reprocessors and exporters      
Regulations 93(1)  and 94(1)  
(obligation to register)  No Yes Yes Yes 
Regulation 96(1)  (duty to comply 
with conditions of registration)  No  Yes Yes Yes 
Regulation 99 (record -keeping and 
reporting requirements)  Yes No Yes Yes 
Regulation 100(1)  and (3) 
(prohibition on issuing PRNs or 
PERNs other than in accordance 
with specified conditions)  No Yes Yes  Yes 
Regulation 106 (duty to comply 
with conditions of an accreditation)  No  Yes Yes Yes 
Holding companies with a group 
registration      
Regulation 39(b) to (e) as applied by 
Schedule 9, paragraph 4( 5) 
(requirements to provide 
information to the appropriate 
agency)  Yes No No No 
Schedule 9, paragraph 5(1)(b) 
(reporting obligations in relation to 
relevant group members)  No Yes Yes  Yes  
 139 Schedule 9, paragraph 5(2)(a) 
(recycling obligations)  No Yes Yes Yes 
Schedule 9, paragraph 5(2)(b) 
(certification obligation)  Yes No No No 
Schedule 9, paragraph 6 
(requirement to pay disposal fees 
and administration fees no later than 
50 days after the due date)  No Yes  Yes Yes 
Licensors      
Schedule 10, paragraph 5 (record 
keeping obligations)  Yes No No No 
Schedule 10, paragraph 6 (reporting 
obligations)  No Yes Yes Yes 
Pub Operating Businesses      
Schedule 10, paragraph 12 (record 
keeping obligations)  Yes No No No 
Schedule 10, paragraph 13 
(reporting obligations)  No Yes Yes Yes 
General      
Regulation 118(1)  (duty to provide 
information  to the appropriate 
agency ) Yes No No Yes 
Regulation 130(1)  (provision of 
false or misleading information)  No Yes Yes No 
Regulation 130(2)  (failure to 
comply with reasonable request of 
the appropriate agency or the 
labelling authority)  Yes No Yes Yes 
Regulation 130(3)  (delaying or 
obstructing an authorised person)  Yes No No Yes 
Regulation 130(5)  (breach of a 
compliance notice or enforcement 
undertaking)  No Yes Yes Yes 
PART 3 
Fixed Monetary Penalties  
2.—(1) An enforcement agency may by notice impose a fixed monetary penalty on a person in 
relation to a contravention of a requirement in a provision specified in the table in Part 2 (“the 
table”) if the table indicates that such penalty is possible for contravention of that requirement.  
(2) Before doing so the enforcement agency must be satisfied on the balance of probabilities that  
the person has contravened the requirement . 
(3) “Fixed monetary penalty” means a requirement to pay the enforcement agency the amount 
specified in paragraph (4).  
(4) The amount of the fixed monetary penalty is £1,000.  
(5) A fixed monetary penalty may not be imposed on a person on more than one occasion in 
relation to the same act or omission, unless the act or omission is a continuing act or omission.  
3.—(1) Where an enforcement agency proposes to impose a fixed monetary penalty on a person, 
the enforcement agency must serve on that person a notice of what is proposed (a “notice of 
intent”).  
(2) The notice of intent must include — 
(a) the grounds for imposing the fixed monetary penalty;   
 140 (b) the amount of the penalty;  
(c) information as to — 
(i) the right to make representations and objections within 28 days beginning with the 
day on which the notice of intent was received;  
(ii) the circumstances in which the enforcement  agency may not impose the penalty.  
4. A person on whom a notice of intent is served may within 28 days beginning with the day on 
which the notice was received (“the 28 day period”) make written representations and objections 
to the enforcement agency  in relation to the proposed imposition of the fixed monetary penalty.  
5.—(1) If the person who has received a notice of intent does not discharge liability within the 
28 day period the enforcement agency may, after considering any representations or objections 
made during that period, serve a final notice imposing a fixed monetary penalty.  
(2) Where the contravention to which the notice of intent relates is a criminal offence, t he 
enforcement agency may not serve a final notice on the person if the enforcement  agency  is 
satisfied on the balance of probabilities that the person would not, by reason of any defence, be 
liable to be convicted of that offence.  
6. A final notice must include information as to — 
(a) the amount of the penalty ; 
(b) the grounds for imposing the penalty ; 
(c) how payment may be made ; 
(d) the period of 56 days within which payment must be made ; 
(e) details of the late payment penalties ;  
(f) the right of appeal ; and 
(g) the consequences of non -payment.  
7.—(1) The person receiving the final notice may appeal against it.  
(2) The grounds for appeal are — 
(a) that the decision was based on an error of fact ; 
(b) that the decision was wrong in law ; or 
(c) that the decision was unreasonable.  
8.—(1) The penalty must be paid within 56 days of receipt of the final notice.  
(2) If the penalty is not paid within 56 days the amount payable is increased by 50%.  
(3) In the case of an appeal the penalty is payable within 28 days of the determination of the 
appeal (if the appeal is unsuccessful), or the date on which the appeal is withdrawn, and if it is not 
paid within 28 days the amount of the penalty is increased by 50%.  
9.—(1) If a notice of intent for a fixed monetary penalty is served on any person — 
(a) no criminal proceedings may be instituted against that person for a related offence in 
respect of the act or omission to which the notice relates before 28 days from the date on 
which the notice of intent is issued ; and 
(b) if that person so discharges liability, that person may not at any time be convicted of a 
related offence in relation to that act or omission.  
(2) If a fixed monetary penalty is imposed on any person and that person has paid the penalty 
due, that person may not at any time be convicted of a related offence in respect of the act or 
omission giving rise to the penalty, unless the act or omission is a continuing act or omission.  
(3) In this paragraph, “related offence” means the offence for the contravention of the 
requirement for which the fixed monetary penalty is imposed on that person.   
 141 PART 4 
Variable monetary penalties  
10.—(1) An enforcement agency may by notice impose a requirement to pay a monetary penalty 
to an enforcement agency of such amount as the enforcement agency may determine (“a variable 
monetary penalty”), in relation to the contravention of a requirement under a provision specified in 
the table in Part 2 of this Schedule if that table indicates that such penalty is possible for a 
contravention of that requirement.  
(2) Where a variable monetary penalty is imposed on a producer for contravening regulation 
76(4)  by failing to make a payment due under regulation 76(1)  by 50 days after the due date , the 
amount of the variable monetary penalty is to be calculated as an amount equal to the higher of — 
(a) 20% of the disposal fees  and administration fees  owed by that producer which are unpaid 
50 days after the due date ; or 
(b) 5% of the turnover of the producer reported under paragraph  10 of Schedule 2 , or, where 
the producer is a relevant group member of a corporate group which has a group 
registration, 2% of the collective turnover of those members of the corporate group that 
are included in the group registration.  
(3) Before imposing a variable monetary penalty the enforcement agency must be satisfied on 
the balance of probabilities that the person has contravened that requirement.  
(4) A variable monetary penalty may not be imposed on a person on more than one occasion in 
relation to the same act or omission, unless the act or omission is a continuing act or omission.  
(5) Where a variable monetary penalty is imposed in relation to the contravention of a 
requirement, and that contravention is an offence under regulation 127 that is punishable on 
summary conviction by a fine, the amount of the variable monetary penalty may not exceed the 
maximum amount (if any) of that fine.  
(6) Before serving a notice relating to a variable monetary penalty the enforcement agency may 
require the person to provide such information as is reasonable to establish the amount of any 
financial benefit arising as a result of the contravention.  
11.—(1) Where an enforcement agency proposes to impose a variable monetary penalty on a 
person, the enforcement agency must serve on that person a notice of what is proposed (a “notice 
of intent”).  
(2) The notice of intent must include — 
(a) the grounds for imposing the variable monetary penalty;  
(b) the amount of the penalty;  
(c) information as to — 
(i) the right to make representations and objections within 28 days beginning with the 
day on which the notice of intent was received;  
(ii) the circumstances in which the enforcement agency  may not impose the penalty.  
12. A person on whom a notice of intent is served may within 28 days beginning with the day on 
which the notice was received (“the 28 day period”) make written representations and objections 
to the enforcement agency in relation to the proposed imposition of the variable monetary penalty.  
13.—(1) After the end of the period for making representations and objections, the enforcement 
agency must, after considering any representations or objections made within the 28 day period 
decide whether to impose the variable monetary penalty in the notice of intent, with or without 
modifications.  
(2) Where the enforcement agency decides to impose a variable monetary penalty, the notice 
imposing it (the “final notice”) must comply with paragraph 16.  
(3) Where the contravention to which the notice of intent relates is a criminal offence, t he 
enforcement  agency may not serve a final notice on a person if the enforcement  agency  is satisfied  
 142 on the balance of probabilities that the person would not, by reason of any defence, be liable to be 
convicted of that offence .  
14. A final notice for a variable monetary penalty must include information as to — 
(a) the amount of the penalty ; 
(b) the grounds for imposing the penalty ; 
(c) how payment may be made ; 
(d) the period within which payment must be made which must be not less than 28 days ; 
(e) rights of appeal ; and 
(f) the consequences of failing to comply with the notice.  
15.—(1) The person receiving the final notice may appeal against it.  
(2) The grounds for appeal are — 
(a) that the decision was based on an error of fact;  
(b) that the decision was wrong in law;  
(c) that the amount of the penalty is unreasonable;  
(d) that the decision was unreasonable for any other reason.  
(3) Where an appeal is made against the issue of a final notice, the penalty is payable within 28 
days of the determination of the appeal (if the appeal is unsuccessful), or from the date on which 
the appeal is withdrawn.  
16.—(1) If a notice of intent for a variable monetary penalty is served on any person — 
(a) no criminal proceedings may be instituted against that person for a related offence in 
respect of the act or omission to which the notice relates before 28 days from the date on 
which the notice of intent is issued ; and 
(b) if that person so discharges liability, that person may not at any time be convicted of a 
related offence in relation to that act or omission.  
(2) If a variable monetary penalty is imposed on any person, and the person has paid the penalty 
due, that person may not at any time be convicted of a related offence in respect of the act or 
omission giving rise to the variable monetary penalty, unless the act or omission is a continuing 
act or omission.  
(3) In this paragraph, “related offence” means the offence for the contravention of the 
requirement for which the variable monetary penalty is imposed on that person.  
PART 5 
Compliance notices  
17.—(1) An enforcement agency may by notice impose a requirement to take such steps as the 
enforcement agency may specify, within such period as it may specify, to secure that the 
contravention does not occur, continue or recur (“a compliance notice”), in relation to the 
contravention of a requirement under a provision specified in the table in Part 2 of this Schedule if 
that table indicates that such notice may be given for a contravention of that requirement.  
(2) Before doing so the enforcement agency must be satisfied that there are reasonable grounds 
for considering that the person will contravene or has contravened that requirement.  
(3) Subject to sub -paragraph (4), a requirement under this paragraph may not be imposed on a 
person on more than one occasion in relation to the same act or omission, unless the act or 
omission is a continuing act or omission.  
(4) Sub-paragraph (3) does not prevent another requirement being imposed on a person under 
this paragraph if any earlier requirement imposed on that person in relation to the same act or 
omission has first been withdrawn.   
 143 (5) Where contravention of a requirement is a criminal offence under these Regulations, t he 
enforcement  agency may not impose a compliance notice on a person for contravention of that 
requirement, if the enforcement  agency  is satisfied on the balance of probabilities that the person 
would not, by reason of any defence, be liable to be convicted of that offence.  
18. A compliance notice must include information as to — 
(a) the grounds for imposing the notice ; 
(b) what steps the person receiving the notice must take and the period within which those 
steps must be completed ; 
(c) the right of appeal ; and 
(d) the consequences of failing to comply with the notice.  
19.—(1) The person receiving the notice may appeal against it.  
(2) The grounds for appeal are — 
(a) that the decision was based on an error of fact;  
(b) that the decision was wrong in law;  
(c) that the nature of the requirement is unreasonable;  
(d) that the decision was unreasonable for any other reason.  
PART 6 
Enforcement undertakings  
20.—(1) An enforcement agency may accept an enforcement undertaking from a person in a 
case where the enforcement agency has reasonable grounds to suspect that the person has 
contravened a requirement in a provision specified in the table in Part 2 of this Schedule and that 
table indicates that an enforcement undertaking may be accepted in relation to the contravention of 
that requirement.  
(2) For the purposes of this Part, an “enforcement undertaking” is a written undertaking to take 
such action as may be specified in the undertaking within such period as may be so specified.  
21.—(1) An enforcement undertaking must specify — 
(a) action to secure that the contravention of the requirement does not continue or recur;  
(b) action to secure that the position is, so far as possible, restored to what it would have been 
if the requirement had not been contravened;  
(c) action (which may include the payment of a sum of money) to secure a benefit or 
improvement to the environment, such as the prevention of littering, or an increase in the 
reuse and recycling of packaging.  
(2) It must specify the period within which each of the actions specified must be completed.  
(3) It must include — 
(a) a statement that the undertaking is made in accordance with this Part ; 
(b) the terms of the undertaking ; and 
(c) a statement of how and when the person giving the undertaking is considered to have 
discharged it.  
(4) The enforcement undertaking may be varied, or the period within which the action must be 
completed may be extended, if both parties agree in writing.  
22. If an enforcement agency has accepted an enforcement undertaking then, unless the person 
from whom the undertaking is accepted has failed to comply with the undertaking or any part of 
it—  
 144 (a) that person may not at any time be convicted of an offence for contravention of the 
requirement in respect of the act or omission to which the undertaking relates ; 
(b) the enforcement agency may not impose on that person any fixed monetary penalty, 
variable monetary penalty, or compliance notice in respect of that act or omission.  
23.—(1) Each enforcement agency must establish and publish the procedure for entering into an 
enforcement undertaking.  
(2) The enforcement agency must consult such persons as it considers appropriate before doing 
so. 
(3) When it accepts an undertaking the enforcement agency may publish it in whatever manner 
it sees fit.  
24.—(1) An enforcement agency which is satisfied that an enforcement undertaking has been 
complied with must issue a certificate to that effect.  
(2) An enforcement agency may require the person who has given the undertaking to provide 
sufficient information to determine whether the undertaking has been complied with.  
(3) The person who gave the undertaking may at any time apply for such a certificate.  
(4) The enforcement agency must make a decision as to whether to issue such a certificate, and 
give written notice of the decision to the applicant, within 14 days of such an application.  
(5) The person to whom the notice is given may appeal against a decision not to issue a 
certificate on the grounds that the decision — 
(a) was based on an error of fact;  
(b) was wrong in law;  
(c) was unreasonable;  
(d) was wrong for any other reason.  
25.—(1) A person who has given inaccurate, misleading or incomplete information in relation to 
an enforcement undertaking is regarded as not having complied with it.  
(2) An enforcement  agency  may by notice in writing revoke a certificate issued under paragraph 
24 if it was issued on the basis of inaccurate, incomplete or misleading information.  
26.—(1) If an enforcement undertaking is not complied with the enforcement agency may 
either — 
(a) impose  a fixed monetary penalty  or variable monetary penalty or serve a compliance 
notice as specified in the Table in Part 2 ; or 
(b) bring criminal proceedings for an offence in relation to the contravention of the 
requirement in respect of which the undertaking was given (a “related offence”).  
(2) If a person has complied partly but not fully with an undertaking, that part -compliance must 
be taken into account in the imposition of any criminal or other sanction on the person.  
(3) Criminal proceedings for a related offence which is triable summarily may be instituted at 
any time up to six months from the date when the enforcement  agency  notifies the person that 
such person has failed to comply with that undertaking.  
 SCHEDULE 14 Regulation 141 
Public register  
1. The name and address of the registered office, head office or principal place of business of — 
(a) each producer who is registered under  Chapter 1 of Part 4;   
(b) in relation to each registered compliance scheme — 
(i) the scheme operator ; and  
 145 (ii) each member of the scheme ; 
(c) each registered reprocessor and exporter ; and  
(d) each reprocessor and exporter  accredited to issue PRNs or PERNs . 
2. The number assigned to each producer, compliance scheme, reprocessor and exporter on 
registration.  
3. In relation to each registered producer — 
(a) whether the producer is a large producer or a small producer;  
(b) whether the producer is subject to  recycling and certification obligations under regulation  
25(2) ; 
(c) whether the producer is required to pay disposal fees under regulation 68; 
(d) if the producer is subject to the obligations referred to in sub -paragraph (b), a statement as 
to whether a satisfactory certificate of compliance has been furnished in accordance with 
regulation 49. 
4. In relation to each registered compliance scheme — 
(a) the date on which the scheme was approved under regulation 55; 
(b) a statement as to whether the scheme operator has — 
(i) complied with its obligations under regulation 51(3) ; and  
(ii) provided a statement of compliance in accordance with regulation 64. 
5. In relation to registered reprocessors and exporters, and accredited reprocessors and 
exporters — 
(a) the trading name, address and telephone number of the reprocessor or exporter;  
(b) details of each registration and accreditation held by the reprocessor or exporter, 
including  the category  of packaging waste and the reprocessing site or overseas 
reprocessing site(s) specified in the registration or accreditation ;   
(c) in relation to any recovery operation to be used, the appropriate classification of the 
applicable operation provided for in Annex 2 to the Waste Directive ; 
(d) in relation to each accreditation held by the reprocessor or exporter — 
(i) the accreditation reference number assigned  by the appropriate agency;  
(ii) the reprocessing site address for an accredited reprocessor;  
(iii) for how many tonnes of packaging waste the reprocessor or exporter is accredited to 
issue PRNs or PERNs ; 
(iv) whether monthly returns and annual returns have been provided in accordance with 
the conditions in paragraph  26 or 29 of Schedule 8; 
(v) whether the appropriate agency has served a notice to suspend or cancel the 
accreditation ; and 
(vi) whether the accreditation has been suspended or cancelled.  
6. Any information which the appropriate agency is required to publish under regulation 138. 
 SCHEDULE 15 Regulation 149 
Transitional and transitory provisions  
Transitional provisions: general  
1.—(1) Any step taken before the relevant time which has effect under any provision of the 
2007 Regulations  or the 2007 (NI) Regulations which has been revoked by these Regulations, or  
 146 under any of the 2023 Data Regulations (together, “the revoked legislation ”) is to be treated after 
the relevant time as having effect under any equivalent provision of these Regulations.  
(2) Anything done under the revoked legislation  continues to have effect but is taken to have 
been done under these Regulations on the date on which it was done under the revoked legislation , 
including (but not limited to) the following — 
(a) a notice or notification given under any of the revoked legislation  that has not taken effect 
by the relevant time is taken to be given under these Regulations;  
(b) a decision made, or deemed to have been made, by the appropriate agency or appropriate 
authority under any of the revoked legislation  is taken to be made under these 
Regulations;  
(c) any data collected or records kept by a producer, compliance scheme, reprocessor or 
exporter under any of the revoked legislation  are to be treated as if they were collected or 
kept under these Regulations;  
(d) any enforcement action taken under any of the revoked legislation  is to be treated as 
having been taken under these Regulations;  
(e) an appeal made under any of the revoked legislation  that has not been determined by the 
relevant time is taken to be made under these Regulations, with the notice of appeal taken 
to be given on the date on which the appeal was made under the revoked legislation . 
(3) If an application made under any provision of any of the revoked legislation  has not been 
determined by the relevant time — 
(a) those Regulations continue to have effect in relation to that application notwithstanding 
their revocation;  
(b) if the application is granted, it is to be treated as having been granted under these 
Regulations.  
(4) An appeal may be made under these Regulations against a notice mentioned in paragraph 
(2)(a) or a decision mentioned in paragraph (2)(b) if, by the relevant time, the time for making an 
appeal under the revoked legislation  had not expired, with the applicable time limit for giving 
notice of appeal running from the date on which the notice was served, or the decision was made, 
under the revoked Regulations.  
(5) Where any provision of the revoked legislation  specified a time period and part of that time 
period had elapsed under those Regulations before revocation of that provision , that part of that 
period is to be treated on commencement of these Regulations as having elapsed under the 
equivalent provision of these Regulations.  
(6) This regulation does not affect the operation of section 16 of the Interpretation Act 1978( a), 
or section 28 of the Interpretation Act (Northern Ireland) 1954( b) in relation to any matter not 
dealt with in this regulation.  
(7) In this regulation, the “relevant time” — 
(a) in relation to a provision of the 2007 Regulations or the 2007 (NI) Regulations, is the 
time immediately before that provision is revoked;  
(b) in relation to the 2023 Data Regulations , is the time immediately before those 
Regulations  are revoked.  
Producers: transitional reporting obligations  
2.—(1) In a report under regulation 43 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 43(1), report to the appropriate agency 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.  
 
(a) 1978 c. 30.  
(b) 1954 c. 33.  Section 28 was amended by S.I. 1999/663.   
 147 (2) In a report under regulation 44 for the calendar year 2024,  a small producer (“SP”) must, 
instead of reporting the information specified in Table 3 in regulation 44(1), report to the 
appropriate agency the information which SP would have been required to report under the 2023 
Data Regulations for that year if those Regulations had not been revoked.  
(3) A producer who under regulation 16 of, and paragraph 21 of Schedule 1 to, the 2023 Data 
Regulations was required to maintain records of the information in paragraph 22(1) of Schedule 1 
to those Regulations (supply and discarding of packaging by nation)  for the calendar year 2024 , 
must report that information to the appropriate agency on or before 1st December 2025.   
Producers: transitional packaging  
3.—(1) Where a report submitted by a large producer (“PR”) under regulation 43 in relation to a 
period ending on 31st December 2024  (a “regulation 43 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 P R has been required to recycle under the 2007 Regulations (“P”), 
calculated as follows — 
P = AP x SP  
where — 
(a) “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;  
(b) “SP” is the sum of the percentages of that packaging which any class of producer has 
been required to recycle under the 2007 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 report ed information in a regulation 43 report, which has already been the subject of recycling 
obligations under regulation 4(4)(b) of, and Schedule 2 to, the 2007 Regulations.  
(4) If PR submits a report under sub-paragraph (1), it must be submitted — 
(a) in accordance with regulation 47(2) ; and  
(b) on the date on which PR submits a regulation 43 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: approved persons  
4. Where, in relation to a producer, a person has been approved by the appropriate agency under 
regulation 24(1) of any of the 2023 Data Regulations for the purposes specified there, 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 144(2)(b) .  
 148 Compliance schemes  
5.—(1) A compliance scheme which has been approved under the 2007 Regulations or the 2007 
(NI) Regulations 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 57 of these 
Regulations . 
(2) The scheme operator of a compliance scheme referred to in paragraph (1) is subject to the 
obligations imposed on scheme operators under these Regulations.  
Reprocessors, exporters, PRNs and PERNs   
6.—(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 th at Part  until 3 1st 
January 20 26 for the purposes of issuing PRNs or PERNs in relation to packaging waste 
received  or exported before 3 1st December 20 25, 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 2 8th February 20 26 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 3 1st December 20 24, 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.  
Appropriate agencies: reports  
7.—(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 119(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.   
 149  SCHEDULE 16 Regulation 150 
Consequential amendments  
Amendment of the 2007 Regulations  
1.—(1) The 2007 Regulations are amended as follows.  
(2) In regulation  2— 
(a) in paragraph (1), omit the definition of “PRONIR”;  
(b) in paragraph (2) — 
(i) omit the definitions of “allocation method”, “approved person”, “calculation year”, 
“consumer information obligations”, “DOENI”, “financial year”, “marine 
installation”, “obligation year”, “producer responsibility obligations”, “recycling 
obligations,” “relevant date”, “relevant year”, “SIC code”, “small producer” and 
“turnover”;  
(ii) in the definition of “appropriate authority”, in paragraph (a), for “regulations 2A, 2B 
and 4(7)” substitute “regulations 2A and 2B” ; 
(c) omit paragraphs (3) and (4).  
(3) Omit Parts 2 and 3.  
(4) Omit regulations 20  to 22.  
(5) In regulation  22A— 
(a) in paragraph (1), omit sub-paragraphs (a) and (b);  
(b) omit sub -paragraph (3).  
(6) In regulation 27, omit paragraphs (1) and (2).  
(7) Omit regulation 30.  
(8) In regulation 31 — 
(a) in paragraph (1), omit sub -paragraphs (a) to (c);  
(b) omit paragraph (2);  
(c) in paragraph (3), omit sub -paragraphs (a) and (b).  
(9) Omit regulation 32.  
(10) In regulation 33, in paragraph (1) , omit sub -paragraph (a). 
(11) Omit regulations 34 and 34A.  
(12) In regulation 36, omit paragraphs (2) and (4).  
(13) Omit Part 8.  
(14) In regulation 40 — 
(a) omit paragraphs (1) to (3);  
(b) in paragraph (5), omit “or furnishes information to which regulation 19 applies to an 
operator of a scheme”;  
(c) omit paragraph (8);  
(d) in paragraph (9), for “(8)” substitute “(7)”.  
(15) In regulations 40A(1) and 40B(1), omit the entries in the table relating to regulation 
40(1)(a), 40(1)(b), 40(1)(c), 40(3), 40(8)(a) and 40(8)(b).  
(16) Omit Parts 11 and 12.  
(17) Omit Schedules 1 to 4.  
(18) In Schedule 5, at the end insert —  
 150 “3. In paragraph 1(g) and (k), references to producers or operators of schemes include, in 
relation to 2025, persons who are producers or scheme operators under the Producer 
Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024. ”. 
(19) In Schedule 7 — 
(a) in paragraph 1, omit sub -paragraphs (a) and (b);  
(b) omit paragraphs 3 and 4.  
(20) Omit Schedules 8 to 10.  
Amendment of the 2007 (NI) Regulations  
2.—(1) The 2007 (NI) Regulations are amended as follows.  
(2) In regulation 2— 
(a) in paragraph (1), omit the definition of “PROR”;  
(b) in paragraph (2), omit the definitions of “allocation method”, “approved person”, 
“calculation year”, “consumer information obligations”, “financial year”, “marine 
installation”, “obligation year”, “organic recycling”, “preceding year”, “producer 
responsibility obligations ”, “recycling obligations”, “relevant date”, “relevant year”, “SIC 
code”, “small producer” and “turnover”;  
(c) omit paragraphs (3) and (4).  
(3) Omit Parts 2 and 3.  
(4) Omit regulations 20 to 22.  
(5) In regulation 22A — 
(a) in paragraph (1), omit sub -paragraphs (a) and (b);  
(b) omit paragraph (3).  
(6) In regulation 27, omit paragraphs (1) and (2).  
(7) Omit regulation 30.  
(8) In regulation 31 — 
(a) in paragraph (1), omit sub -paragraphs (a) to (c);  
(b) omit paragraph (2);  
(c) in paragraph (3), omit sub -paragraphs (a) and (b).  
(9) Omit regulation 32.  
(10) In regulation 33, in paragraph (1) , omit sub -paragraph (a) . 
(11) Omit regulations 34 and 34A.  
(12) In regulation 35, in paragraph (2)(h)(i), for “regulations 20, 22 and 25” substitute 
“regulation 25”.  
(13) Omit regulation 36.  
(14) Omit Part 8.  
(15) In regulation 40 — 
(a) omit paragraphs (1) to (3);  
(b) in paragraph (5), omit “or furnishes information to which regulation 19 applies to an 
operator of a scheme”;  
(c) omit paragraph (8);  
(d) in paragraph (9), for “(8)” substitute “(7)” . 
(16) Omit Schedule 1.  
(17) Omit Schedules 2 to 4.  
(18) In Schedule 5 , at the end insert —  
 151 “3. In paragraph 1(g) and (k), references to producers or operators of schemes include, in 
relation to 2025, persons who are producers or scheme operators under the Producer 
Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024. ”. 
(19) In Schedule 7 — 
(a) in paragraph 1, omit sub -paragraphs (a) and (b);  
(b) omit paragraphs 3 and 4.  
(20) Omit Schedules 9 to 11.  
Amendment of the Waste Batteries and Accumulators Regulations 2009  
3. In the Waste Batteries and Accumulators Regulations 2009( a)— 
(a) in regulation 52(2)( e)(iii)(cc), after “2007” insert “or the Producer Responsibility 
Obligations (Packaging and Packaging Waste) Regulations 2024”;  
(b) in paragraph 7 of Schedule 3, in sub -paragraph (1)(c), after “2007” insert “or the 
Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 
2024”.  
Amendment of the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and 
Relevant Enforcement Action) Regulations 2013  
4. In the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant 
Enforcement Action) Regulations 2013( b), in Part 2 of the Schedule, after paragraph (k), insert — 
“(l) An offence under the Producer Responsibility Obligations (Packaging and 
Packaging Waste) Regulations 2024. ”. 
 SCHEDULE 17 Regulation 151 
Revocations  
1. The following instruments are revoked on 1st January 2025 — 
(a) the Packaging Waste (Data Reporting) (England) Regulations 2023( c); 
(b) the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023( d); 
(c) the Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023( e); 
(d) the Packaging Waste (Data Reporting) (Scotland) Regulations 2023( f); 
(e) the Packaging Waste (Data Reporting) (No. 2) Regulations (Northern Ireland) 2023( g); 
(f) the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern 
Ireland) 2023( h); 
(g) the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024( i); 
(h) the Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 
2024( j); 
(i) the Packaging Waste (Data Reporting) (Scotland) (Amendment) Regulations 2024( k); 
 
(a) S.I. 2009/890.  
(b) S.I. 2013/2258.  
(c) S.I. 2023/219.  
(d) S.I. 2023/721.  
(e) S.I. 2023/798 (W. 127).  
(f) S.S.I 2023/7.  
(g) S.R. 2023 No. 25.  
(h) S.R. 2023 No. 106.  
(i) S.I. 2024/ 359. 
(j) S.I. 2024/ 400 (W. 72). 
(k) S.S.I. 2024/ 42.  
 152 (j) the Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern 
Ireland) 2024( a). 
2. The following instruments are revoked on 1st January 2026 — 
(a) the 2007 Regulations ; 
(b) the 2007 (NI) Regulations ; 
(c) the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) 
Regulations 2008( b); 
(d) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
(Northern Ireland) (Northern Ireland) 2008( c); 
(e) the Producer Responsibility Obligations (Packaging Waste) (Amendment No . 2) 
Regulations (Northern Ireland) 2008( d); 
(f) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
2010( e); 
(g) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
(Northern Ireland) 2010( f); 
(h) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
2012( g); 
(i) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
(Northern Ireland) 2013( h); 
(j) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
2013( i); 
(k) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
(Northern Ireland) 2016( j); 
(l) the Producer Responsibility Obligations (Packaging Waste) (Miscellaneous 
Amendments) Regulations 2016( k); 
(m) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
2016( l); 
(n) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
(Northern Ireland) 2017( m); 
(o) the Producer Responsibility Obligations (Packaging Waste) (Amendment No . 2) 
Regulations (Northern Ireland) 2017( n); 
(p) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
(Northern Ireland) 2020( o); 
(q) the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) 
Regulations 2020( p); 
 
(a) S.R. 2024 No. 80. 
(b) S.I. 2008/1941.  
(c) S.R. 2008 No 77.  
(d) S.R. 2008 No 373.  
(e) S.I. 2010/2849.  
(f) S.R. 2010 No 396.  
(g) S.I. 2012/3082 . 
(h) S.R. 2013 No 262.  
(i) S.I. 2013/1857.  
(j) S.R. 2016 No 79.  
(k) S.I. 2016/241 . 
(l) S.I. 2016/1146.  
(m) S.R. 2017 No 3.  
(n) S.R. 2017 No 230.  
(o) S.R. 2020 No 345.  
(p) S.S.I 2020/387.   
 153 (r) the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) 
Regulations 2020( a); 
(s) the Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) 
Regulations 2020( b); 
(t) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
(Northern Ireland) 2022( c); 
(u) the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) 
Regulations 2022( d); 
(v) the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and 
Wales) Regulations 2022( e); 
(w) the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 
(Northern Ireland) 2023( f); 
(x) the Producer Responsibility Obligations (Packaging Waste) (Amendment No. 2) 
Regulations (Northern Ireland) 2023( g); 
(y) the Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) 
Regulations 2023( h); 
(z) the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and 
Wales) Regulations 2023( i). 
 
EXPLANATORY NOTE  
(This note is not part of the Regulations)  
These Regulations impose requirements on producers of packaging who are established in the 
United Kingdom . They require producers to register with the appropriate agenc y, to collect and 
report data in relation to packaging they supply, and to assess and provide information about the 
recyclability of packaging they supply. They also require  certain producers to meet recycling 
obligations and to pay annual fees as a contribution to the costs of collection and disposal of 
packaging wh ich becomes household packaging waste  and of providing p ublic information about 
disposal of packaging waste . The y establish a scheme administrator to administer the provisions 
on disposal costs  and to distribute amounts collected from producers. They also regulate 
compliance schemes which perform obligations on behalf of producers who are scheme members, 
and reprocessors and exporters of packaging waste . 
Part 1 (regulations 1 to 14) contains interpretation and other general provisions.  Regulation 13 and 
Schedule 1 prescribes  charges payable  for applications and other matters specified in the 
Regulations.   
Part 2  (regulations 15 to 26) contains provision about producers.  Chapter 1 specifies the 
producers, and classes of producers, which may have obligations under these Regulations and, in 
relation to each class of producer, the packaging in relation to which producer s of that class  may 
have obligations. Chapter 2 (regulations 23 to 25) sets out the threshold criteria which determine 
whether a producer is a large producer or a small producer for the purposes of these Regulations  
and gives an overview of the producer responsibility obligations of large producers and small 
producers. Chapter 3 (regulation 26) makes provision about the effect of insolvency and other 
events on a producer’s obligations.  
 
(a) S.I. 2020/1336.  
(b) S.I. 2020/1390.  
(c) S.R. 2022 No 286.  
(d) S.S.I. 2022/330.  
(e) S.I. 20 22/1222 .  
(f) S.R. 2023 No. 183.  
(g) S.R. 2023 No. 219.  
(h) S.S,I, 2023/336.  
(i) S.I. 2023/1244.   
 154 In Part 3  (regulations 27 to 35), Chapter 1 makes provision about assessments of the recyclability 
of packaging. Chapter 2 sets out obligations applying  to certain classes of producers (including 
producers who do not meet the threshold criteria to be a large or a small producer)  to carry out and 
keep records of recyclability assessments, and to ensure that any primary packaging and shipment 
packaging which they supply on or after 31st March 2027 is labelled with information about its 
recyclability. Chapter 2 also provides for there to be a labelling authority, with monitoring and 
enforcement functions in relation to the obligations in that Chapter.  
Part 4 (regulations 36 to 49) contains more detailed provisions about producer responsibility 
obligations. Chapter 1 contains provision about registration of producers. Chapter 2 and Schedule 
4 contain provision about record -keeping and reporting obligations. Chapter 3 and Schedule 5 
contains provision about recycling and certification obligations.  
Part 5 (regulations 5 0 to 64) contains provision about the obligations of compliance schemes and 
their operators, including requirements for the approval and registration of such schemes , and 
about the effect of compliance scheme membership upon a producer’s obligations . 
Part 6 (regulations 6 5 to 91) contains provision about disposal costs and disposal fees. Chapter 1 
contains interpretation provisions. Chapter 2 provides for the appointment of a scheme 
administrator  and Schedule 7 makes further provision about the functions of the scheme 
administrator and the principles it must follow. Chapter 3 makes certain large producers which 
supply household packaging (“liable producers”) liable to pay disposal fees and administration 
fees to the scheme administrator and provides for the calculation of those fees. It includes 
provision for the “modulation” of disposal fees payable by a liable producer (regulation 7 2), that 
is, for the scheme administrator to be able to adjust those fees to reflect the extent to which 
household packaging supplied by the producer is environmentally sustainable, and to incentivize 
the use of more environmentally sustainable packaging. Chapter 4 makes provision about the 
assessment by the scheme administrator of the “chargeable disposal costs ” of relevant authorities 
(local authorities with waste collection or disposal functions ), that is, the amounts which relevant 
authorities are entitled to be paid by the scheme administrator out of the disposal fees it collects 
from liable producers, in respect of the costs they incur in relation to the management of 
household packaging waste. Chapter 5 provides for the recalculation in certain circumstances of 
amounts calculated or assessed under Chapters 3 and 4.  
Part 7 (regulations 9 2 to 10 8) and Schedule 8 regulate reprocessors who recycle packaging waste 
at reprocessing sites in the United Kingdom and exporters  who export packaging waste to be 
recycled at overseas reprocessing sites. Chapter 1 contains interpretation provisions. Chapter 2 
provides for the registration of reprocessors and exporters . Chapter  3 prohibits the issue of PRNs 
or PERNs (that is, documents which may be used by producers and scheme operators as evidence 
of compliance with their recycling obligations) by anyone other than a reprocessor or exporter 
who issues them in accordance with an accreditation by the appropriate agency. It makes provision 
about accreditation and imposes record keeping and reporting requirements on accredited 
reprocessors and exporters.  
In Part 8  (regulation s 109 and 110), regulation 1 09 and Schedule 9 make provision about the 
application of producer responsibility obligations where two or more members of a corporate 
group are each a producer , including provision for group registrations. Regulation 11 0 and 
Schedule 10 apply certain record -keeping and reporting requirements to licensors and pub 
operating businesses.  
Part 9 (regulations 11 1 to 11 6) and Schedule 11 contain provisions about appeals.  
Part 10 (regulations 11 7 to 12 5) and Schedule 12 contain provisions about monitoring and 
enforcement by the appropriate agencies and the labelling authority.  
Part 11 (regulations 12 6 to 13 8) and Schedule 13 contain provisions about offences and civil 
sanctions.  
Part 12 (regulations 1 39 to 152) contain miscellaneous and supplementary provisions. Regulation 
149 and Schedule 15 make transitional and transitory provisions.    
 155 A full impact assessment of the effect that this instrument will have on the costs of business, the 
voluntary sector and the public sector is published alongside these Regulations on 
www.legislation.gov.uk and available from the Department for Environment, Food and Rural 
Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF.