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

Interpretation E+W

2.—(1) In these Regulations—

“the 2003 Act” (“Deddf 2003”) means the Licensing Act 2003(1);

“alcohol” (“alcohol”) has the same meaning as in section 191 of the 2003 Act and “alcoholic” is to be construed accordingly;

“approved person” (“person a gymeradwywyd”) means the person for the time being approved under regulation 24 for the purpose of verifying information provided by a producer—

(a)

to NRW under regulation 17(4)(b);

(b)

to the operator of a scheme under regulation 19(2)(b)(ii);

“brand owner” (“perchennog brand”) has the meaning given in regulation 8(2) read with regulation 8(3);

“branded packaging” (“pecynwaith wedi ei frandio”) has the meaning given in regulation 8(13);

“consumer” (“treuliwr”) means an individual acting for purposes which are outside that individual’s trade, business, craft or profession;

“data collection obligations” (“rhwymedigaethau casglu data”) means the obligations in regulation 16;

“data collection period” (“cyfnod casglu data”) means—

(a)

the period from the date on which these Regulations come into force until 31 December 2023, and

(b)

in subsequent years, the period of 12 months starting on 1 January;

“data reporting obligations” (“rhwymedigaethau adrodd am ddata”) means the obligations in regulation 17;

“disposal” (“gwaredu”) has the meaning given in Article 3(19) of the Waste Directive;

“distributor” (“dosbarthwr”) means a person who manufactures or imports unfilled packaging and supplies that packaging to another person;

“drink” (“diod”) has the meaning given in regulation 5;

“exempt packaging” (“pecynwaith esempt”) means packaging which is exempt in relation to a producer in accordance with regulation 12(2);

“fibre-based composite material” (“deunydd cyfansawdd sy’n seiliedig ar ffibr”) means packaging material which is made of paperboard or paper fibres, laminated with plastic, and which may also have layers of other materials, to form a single unit that cannot be separated by hand;

“household packaging” (“pecynwaith cartref”) has the meaning given in regulation 7;

“importer” (“mewnforiwr”) means—

(a)

the person responsible for importing filled packaging into the United Kingdom, whether or not that packaging ends up being supplied, or

(b)

where the person referred to in paragraph (a) of this definition is not present in the United Kingdom, the first person in the United Kingdom who takes ownership of the packaging;

“large producer” (“cynhyrchydd mawr”) has the meaning given in regulation 11(1);

“licence agreement” (“cytundeb trwyddedu”) means an agreement or number of related agreements in or under which the licensor grants the licensee a licence that allows the licensee to use a trade mark as the name under which the licensee sells from premises goods that are associated with that trade mark, and includes an obligation (whether expressed as a positive or as a negative obligation) on the licensee that relates to the presentation of those premises;

“licensee” (“trwyddedai”) means the party to a licence agreement to whom a licence to use a trade mark is granted;

“licensor” (“trwyddedwr”) has the meaning given in regulation 9(1);

“NRW” (“CNC”) means Natural Resources Wales;

“online marketplace operator” (“gweithredwr marchnadle ar-lein”) means the operator of a website, or any other means by which information is made available over the internet, which facilitates the sale of goods through the website or other means by persons other than the operator, whether or not the operator also sells goods through the online marketplace;

“operator” (“gweithredwr”) in relation to an online marketplace, means 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 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;

“packaging” (“pecynwaith”) has the meaning given in regulation 6;

“packaging category” (“categori o becynwaith”) means one of the categories referred to in regulation 6(4);

“packaging materials” (“deunyddiau pecynwaith”) means materials used in the manufacture of packaging and includes raw materials and processed materials prior to their conversion into packaging;

“packaging waste” (“gwastraff pecynwaith”) means any packaging or packaging material which is waste but does not include packaging which is discarded and becomes waste outside the United Kingdom;

“packer/filler” (“paciwr/llanwr”) means a person who puts goods into packaging;

“premises” (“mangre”) means any sales outlet on which packaging is handled and includes any land, vehicle, vessel, mobile plant and stall;

“primary packaging” (“pecynwaith cynradd”) has the meaning given in regulation 6(1)(a);

“producer” (“cynhyrchydd”) has the meaning given in regulation 8;

“pub operating agreement” (“cytundeb gweithredu tafarn”) means an agreement or number of related agreements in or under which one person (the pub operating business) grants a tenancy or lease of premises to another person (the tenant) that includes an obligation (whether expressed as a positive or as a negative obligation) on the tenant to purchase some or all of the alcohol or alcoholic liquor (as the case may be), to be sold or otherwise 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 that business;

“pub operating business” (“busnes gweithredu tafarn”) has the meaning given in regulation 9(2);

“recycling” (“ailgylchu”) has the meaning given in Article 3(17) of the Waste Directive;

“registered scheme” (“cynllun cofrestredig”) means a scheme which is registered in accordance with the Producer Responsibility Obligations (Packaging Waste) Regulations 2007(2);

“relevant authority” (“awdurdod perthnasol”) means—

(a)

a waste collection authority;

(b)

a waste disposal authority;

“relevant packaging waste” (“gwastraff pecynwaith perthnasol”) has the meaning given in regulation 16(7);

“relevant year” (“blwyddyn berthnasol”) means a calendar year in respect of which a person is a producer;

“re-use” (“aildefnyddio”) has the meaning given to it in Article 3(13) of the Waste Directive;

“reusable packaging” (“pecynwaith y gellir ei ailddefnyddio”) means packaging which has been designed to be used multiple times by being refilled or re-used for the same purpose for which it was conceived;

“secondary packaging” (“pecynwaith eilaidd”) has the meaning given in regulation 6(1)(b);

“seller” (“gwerthwr”) means a person who supplies packaging to a user or a consumer of that packaging, whether or not the packaging has been filled at the time of the supply;

“service provider” (“darparwr gwasanaeth”) 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;

“shipment packaging” (“pecynwaith cludo”) has the meaning given in regulation 6(1)(d);

“small producer” (“cynhyrchydd bach”) has the meaning given in regulation 11(2);

“supplies” (“cyflenwi”) has the meaning given in regulation 10(1);

“tenant” (“tenant”) means the party to a pub operating agreement to whom the lease or tenancy of premises is granted;

“tertiary packaging” (“pecynwaith trydyddol”) has the meaning given in regulation 6(1)(c);

“trade mark” (“nod masnach”) has the same meaning as in section 1 of the Trade Marks Act 1994(3);

“turnover” (“trosiant”) means, in relation to a person, their turnover as defined in section 539 of the Companies Act 2006(4) but as if the references to a company were references to that person;

“UK regulator” (“rheoleiddiwr y DU”) means—

(a)

in relation to England, the Environment Agency,

(b)

in relation to Wales, NRW,

(c)

in relation to Scotland, the Scottish Environment Protection Agency, or

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs for Northern Ireland;

“waste” (“gwastraff”) has the meaning given in Article 3(1) of the Waste Directive, read with Articles 5 and 6 of that Directive;

“waste collection authority” (“awdurdod casglu gwastraff”) has the meaning given in section 30(3) of the Environmental Protection Act 1990(5);

“the Waste Directive” (“y Gyfarwyddeb Wastraff”) means Directive 2008/98/EC of the European Parliament and of the Council on waste(6), as last amended by Directive (EU) 2018/851(7), and as read in accordance with regulation 4;

“waste disposal authority” (“awdurdod gwaredu gwastraff”) has the meaning given in section 30(2) of the Environmental Protection Act 1990.

(2) For the purposes of the definition of “online marketplace operator”, an online marketplace facilitates the sale of goods if it allows a person to—

(a) offer goods for sale, and

(b) enter into a contract for the sale of those goods.

(3) 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;

(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.

Commencement Information

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

(1)

2003 c. 17. Section 191 was amended by section 135 of the Policing and Crime Act 2017 (c. 3) and S.I. 2006/2407.

(2)

S.I. 2007/871 amended by S.I. 2007/3538; 2010/675, 2849; 2012/360; 2013/1821, 755; 2016/241, 696, 738; 2018/721; 2019/188; 2020/387, 904, 1390.

(3)

1994 c. 26. Section 1 was amended by S.I. 2018/825.

(4)

2006 c. 46. There are amendments to section 539 which are not relevant to these Regulations.

(5)

1990 c. 43. There are amendments to section 30 which are not relevant to these Regulations.

(6)

OJ L312, 22.11.2008, p. 3.

(7)

OJ L150, 14.6.2018, p. 109.