The Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023

PART 2 E+W Producers and obligations

Producer obligations E+W

15.—(1) This regulation applies to a producer (“ P”) [F1 who is established in Wales].

(2) If P is a small or large producer who is a brand owner or packer/filler, P is subject to—

(a) the data collection obligations in regulation 16(2), and

(b) where P is a large producer, the data reporting obligations in regulation 17(1)(a) and (b).

(3) If P is a small or large producer who is a distributor, importer or service provider, P is subject to—

(a) the data collection obligations in regulation 16(3), and

(b) where P is a large producer—

(i) who is an importer or service provider, the data reporting obligations in regulation 17(1)(a) and (b), or

(ii) who is a distributor, the data reporting obligations in regulation 17(1)(a) and (c).

(4) If P is a small or large producer who is an online marketplace operator, P is subject to—

(a) the data collection obligations in regulation 16(4), and

(b) where P is a large producer, the data reporting obligations in regulation 17(1)(a) and (d).

(5) If P is small or large producer who is a seller, P is subject to the data collection obligations in regulation 16(5).

(6) Where P is a small or large producer and P performs more than one function as a producer under regulation 8 in relation to packaging, P is subject to the obligations imposed under paragraphs (2) to (5), so far as relevant, in relation to each function P performs.

(7) If P is a producer who is a licensor or a pub operating business, Schedule 2 applies to determine whether P is subject to the data collection obligations in regulation 16(6).

(8) Paragraph (7) does not affect any obligations which a licensor or a pub operating business has under these Regulations otherwise than under Schedule 2.

Textual Amendments

F1 Words in reg. 15(1) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 14 (with reg. 3)

Commencement Information

I1 Reg. 15 in force at 17.7.2023, see reg. 1(2)

Data collection obligations E+W

16.—(1) The data collection obligations in this regulation are as follows.

Small or large producer: brand owner or packer/filler

(2) For the purpose of regulation 15(2)(a), a producer who is a brand owner or packer/filler must maintain for each data collection period, and retain for at least 7 years after the end of the data collection period to which they relate—

(a) where the producer is a small producer, the information referred to in paragraph 10(2) of Schedule 1, or

(b) where the producer is a large producer—

(i) the information referred to in paragraphs 10(3)(a) and 20(b) of Schedule 1,

(ii) evidence of the amount of packaging waste which they have collected and sent for recycling, as reported on under paragraph [F2 22(1) to (4)] of Schedule 1, and

(iii) evidence that any relevant packaging waste included in the packaging waste referred to in paragraph (ii) has been recycled.

Small or large producer: distributor, importer or service provider

(3) For the purpose of regulation 15(3)(a), a producer who is a distributor, importer or service provider must maintain for each data collection period, and retain for at least 7 years after the end of the data collection period to which they relate—

(a) where the producer is a small producer, records of the information referred to in paragraphs 10(2) and 20(a) of Schedule 1, or

(b) where the producer is a large producer—

(i) records of the information referred to in paragraphs 10(3)(a) and 20(c) of Schedule 1,

(ii) evidence of the amount of packaging waste which they have collected and sent for recycling, as reported on under paragraph [F3 22(1) to (4)] of Schedule 1, and

(iii) evidence that any relevant packaging waste included in the packaging waste referred to in paragraph (ii) has been recycled.

Small or large producer: online marketplace operator

(4) For the purpose of regulation 15(4)(a), a producer who is an online marketplace operator must maintain for each data collection period, and retain for at least 7 years after the end of the data collection period to which they relate—

(a) where the producer is a small producer, records of the information referred to in paragraphs 17(a) and 20(a) of Schedule 1, or

(b) where the producer is a large producer, records of the information referred to in paragraphs 17(b) and 20(c) of Schedule 1.

Small or large producer: seller

(5) For the purpose of regulation 15(5), a producer who is a seller must maintain for each data collection period, and retain for at least 7 years after the end of the data collection period to which they relate—

(a) where the producer is a small producer, records of the information referred to in paragraph 20(a) of Schedule 1, or

(b) where the producer is a large producer, records of the information referred to in paragraph 20(c) of Schedule 1.

Licensor and pub operating business

(6) For the purpose of regulation 15(7), a producer who is a licensor or a pub operating business must maintain for each data collection period, and retain for at least 7 years after the end of the data collection period to which they relate, records of the information referred to in paragraph 20(d) of Schedule 1.

(7) In these Regulations, “relevant packaging waste” is—

(a) packaging waste that is not collected from households for recycling by more than 75% of the relevant authorities in Wales responsible for waste collection, and

(b) reusable packaging which has been re-used and has become waste, whether or not it is collected from households for recycling by more than 75% of relevant authorities in Wales responsible for waste collection.

Textual Amendments

F2 Words in reg. 16(2)(b)(ii) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 15(a) (with reg. 3)

F3 Words in reg. 16(3)(b)(ii) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 15(b) (with reg. 3)

Commencement Information

I2 Reg. 16 in force at 17.7.2023, see reg. 1(2)

Data reporting obligations E+W

17.—(1) A large producer (“ LP”) who is subject to obligations in this regulation must, subject to paragraph (2), report the following information to NRW every six months in accordance with this regulation, in such form as NRW may direct—

(a) the information in Part 2 of Schedule 1,

(b) where LP is a brand owner, packer/filler, importer[F4 , first UK owner] or service provider, the information referred to in [F5 paragraphs 11 to 13, 15, 16 and 22] of Schedule 1,

(c) where LP is distributor, the information referred to in paragraphs [F6 11 to 13, 15, 16 and 22] of Schedule 1, and

(d) where LP is an online marketplace operator, the information referred to in paragraphs 17(b) and 22 of Schedule 1.

(2) The first report required under paragraph (1) must be made—

(a) for the period beginning with the date on which these Regulations come into force (“the commencement date”) and ending with 31 December 2023, or

(b) if LP does have data to report on the period from 1 January 2023 to the commencement date, for the period beginning with 1 January 2023 and ending with 31 December 2023,

and must be submitted on or before 1 April 2024.

(3) Subsequent reports must be submitted—

(a) for the six months ending with 30 June, on or before 1 October in the same year;

(b) for the six months ending with 31 December, on or before 1 April in the following year.

(4) LP must ensure that the information reported to NRW under this regulation—

(a) is as accurate as reasonably possible, and

(b) is verified by the signature of the approved person of LP.

Textual Amendments

F4 Words in reg. 17(1)(b) inserted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 16(a)(i) (with reg. 3)

F5 Words in reg. 17(1)(b) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 16(a)(ii) (with reg. 3)

F6 Words in reg. 17(1)(c) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 16(b) (with reg. 3)

Commencement Information

I3 Reg. 17 in force at 17.7.2023, see reg. 1(2)

[F7 Recycling data E+W

17A.— (1) Where information in a report submitted by a large producer (“LP”) under regulation 17 in relation to a period of six months ending on or after 30 June 2024 (“regulation 17 report”) concerns packaging which has already been the subject of a recycling obligation under regulation 4(4)(b) of, and Schedule 2 to, the 2007 Regulations (“relevant packaging”), LP may choose to submit a report under paragraph (2) of this regulation (a “regulation 17A report”).

(2) A regulation 17A report must state the proportion of relevant packaging which LP has been required to recycle under the 2007 Regulations (“P”), calculated as follows—

where—

(a)

“AP” is the amount in kilograms of relevant 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) Where LP chooses to submit a regulation 17A report, LP must submit the report—

(a) in such form as NRW may direct;

(b) on the date on which LP submits a regulation 17 report or such other date as NRW may direct.

(4) Where a regulation 17A report is not submitted on the same date as the regulation 17 report, the regulation 17A report must also identify the data collection period it relates to.

(5) In this regulation, “the 2007 Regulations” means the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.]

Textual Amendments

F7 Reg. 17A inserted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 17 (with reg. 3)

Notification of winding-up, receivership, administration, etc E+W

18.—(1) A producer must inform NRW as soon as is practicable upon becoming aware that one or more relevant circumstances apply or are about to apply to them.

(2) For the purposes of this regulation “relevant circumstances” are—

(a) in the case of a corporate body—

(i) a winding-up order has been made or a resolution for voluntary winding-up has been passed;

(ii) a determination for a voluntary winding-up has been made;

(iii) a receiver or a manager of the company or limited liability partnership’s undertaking has been duly appointed;

(iv) its undertaking has entered administration;

(v) a voluntary arrangement proposed for the purposes of Part 1 of the Insolvency Act 1986(1) has been approved under that Part of the Act;

(b) in the case of an individual—

(i) a moratorium has been granted in a debt relief order, within the meaning of section 251A of the Insolvency Act 1986;

(ii) a composition or arrangement has been made with creditors;

(iii) a receiver or trustee in bankruptcy has been duly appointed;

(iv) a bankruptcy order has been made.

Commencement Information

I4 Reg. 18 in force at 17.7.2023, see reg. 1(2)

(1)

1986 c. 45.