Exempt packaging E+W
12.—(1) A producer is not subject to data collection obligations or reporting obligations in relation to any packaging or packaging materials which is exempt in relation to that producer.
(2) Packaging and packaging materials are exempt in relation to a producer (“P”) for the purposes of these Regulations, where the packaging or packaging materials are—
(a)re-used packaging which is primary packaging,
(b)production residues from the production of packaging or packaging materials or from any other production process occurring before, during or after P handled the packaging or packaging materials,
(c)any packaging or packaging materials exported from the United Kingdom by P, including packaging or packaging materials exported through an agent acting on P’s behalf or which to P’s reasonable knowledge were otherwise exported from the United Kingdom (with the exception of any packaging or packaging materials exported from the United Kingdom to a marine installation),
(d)re-used secondary or tertiary packaging, with the exception of any such re-used packaging imported into the United Kingdom, or
[F1(e)packaging which is a deposit item for the purposes of a relevant deposit scheme, and for these purposes, “deposit item” includes packaging which is a scheme article under the Deposit and Return Scheme for Scotland Regulations 2020, or returnable packaging as provided for in regulations made under section 84 of the Climate Change (Scotland) Act 2009.]
(3) In paragraph (2)(c), “marine installation” means any artificial island, installation or structure at sea, other than a vessel.
[F2(4) In paragraph (2)(e), a “relevant deposit scheme” is a deposit scheme which—
(a)has been established in—
(i)the Deposit and Return Scheme for Scotland Regulations 2020, or
(ii)regulations made under Schedule 8 to the Environment Act 2021, or under section 84 of the Climate Change (Scotland) Act 2009, and
(b)is in operation in any part of the United Kingdom.]
F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 12(2)(e) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 13(a) (with reg. 3)
F2Reg. 12(4) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 13(b) (with reg. 3)
F3Reg. 12(5) omitted (1.4.2024) by virtue of The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 13(c) (with reg. 3)
Commencement Information
I1Reg. 12 in force at 17.7.2023, see reg. 1(2)