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

PART 3 E+W Information required from brand owners, [F1 packers/fillers,] importers [F2 or first UK owners], distributors and service providers

Textual Amendments

F1 Word in Sch. 1 Pt. 3 heading inserted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 20(a)(i) (with reg. 3)

F2 Words in Sch. 1 Pt. 3 heading inserted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 20(a)(ii) (with reg. 3)

10.—(1) This Part applies to producers who are— E+W

(a) brand owners F3 ...

[F4 (aa) packers/fillers,]

(b) importers [F5 or first UK owners],

(c) distributors, or

(d) service providers.

[F6 (1A) A producer required by regulation 17 (data reporting obligations) to report information in this Part—

(a) must only report that information in relation to packaging for which that person is a producer of a class listed in sub-paragraph (1);

(b) must not report any information in relation to any packaging in relation to which the producer only performs the function of a seller or an on-line marketplace operator.]

(2) A small producer must keep records of the information in paragraphs 11 and 13(1)(a), (b) and (d) as required by regulation 16(2)(a) or (3)(a).

(3) A large producer (“LP”) must—

(a) keep records of the information set out in paragraphs 11 to 16 for the data collection period as required by regulation 16(2)(b) or (3)(b), and

(b) as required by regulation 17(1), report on [F7 the information set out in paragraphs 11 to 13, 15, 16 and 22] in relation to the first reporting period and subsequent reporting periods.

Textual Amendments

F3 Words in Sch. 1 para. 10(1)(a) 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), 20(b)(i)(aa) (with reg. 3)

F4 Sch. 1 para. 10(1)(aa) inserted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 20(b)(i)(bb) (with reg. 3)

F5 Words in Sch. 1 para. 10(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), 20(b)(i)(cc) (with reg. 3)

F6 Sch. 1 para. 10(1A) inserted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 20(b)(ii) (with reg. 3)

F7 Words in Sch. 1 para. 10(3)(b) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 20(b)(iii) (with reg. 3)

Commencement Information

I1 Sch. 1 para. 10 in force at 17.7.2023, see reg. 1(2)

11.  The weight in kilograms of packaging in each packaging category the producer has supplied during the relevant period. E+W

Commencement Information

I2 Sch. 1 para. 11 in force at 17.7.2023, see reg. 1(2)

12.  The weight in kilograms of household packaging in each packaging category the producer has supplied during the relevant period. E+W

Commencement Information

I3 Sch. 1 para. 12 in force at 17.7.2023, see reg. 1(2)

13.—(1) A breakdown for the packaging supplied in each packaging category during the relevant period, specifying— E+W

(a) whether the packaging is primary packaging, shipment packaging, secondary packaging, or tertiary packaging (its “packaging type”);

(b) the weight in kilograms of packaging supplied in each packaging type;

(c) the weight in kilograms of household packaging supplied which is primary packaging or shipment packaging;

(d) the weight in kilograms of packaging, and the number of units of packaging, in each packaging category which consist of drinks containers.

F8 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (3) Sub-paragraph (1) does not apply in relation to packaging which an importer or first UK owner is treated as supplying within the meaning of regulation 10(2);]

Textual Amendments

F8 Sch. 1 para. 13(2) 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), 20(c)(i) (with reg. 3)

F9 Sch. 1 para. 13(3) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 20(c)(ii) (with reg. 3)

Commencement Information

I4 Sch. 1 para. 13 in force at 17.7.2023, see reg. 1(2)

14.  Producers who are distributors must also, for each large producer subject to obligations under regulation 1515(4)(b) or (3)(b) to whom the producer has supplied unfilled household packaging and other unfilled packaging during the relevant period, keep records of— E+W

(a) the identity of the producer,

(b) the number of units of such packaging supplied, and

(c) the weight of unfilled packaging and of unfilled household packaging supplied to that producer.

Commencement Information

I5 Sch. 1 para. 14 in force at 17.7.2023, see reg. 1(2)

15.—(1) Where the producer has instituted a system of reusable packaging, a description of that system, including the following information— E+W

(a) the weight in kilograms of all packaging supplied during the relevant period that is reusable or refillable;

(b) the weight in kilograms of the packaging referred to in paragraph (a) which is primary packaging.

(2) The information provided under sub-paragraph (1) must be given for each packaging category supplied by the producer in the relevant period.

(3) The producer need only include information on reusable household packaging in the year in which it is first supplied.

Commencement Information

I6 Sch. 1 para. 15 in force at 17.7.2023, see reg. 1(2)

16.—(1) The weight in kilograms of household packaging supplied by the producer in the relevant period in each packaging category which consists of items listed in sub-paragraph (2). E+W

(2) The following items are relevant for the purposes of sub-paragraph (1)—

(a) packaging provided to consumers with take-away food or drink, including wraps, boxes, cups, cup-holders, bags [F10 and paper];

(b) packaging on confectionary, where the confectionary weighs less than 230 grams, including chewing gum packaging, and chocolate wrappers;

(c) packaging on cigarettes, cigars, tobacco and e-cigarettes;

(d) crisp packets or packaging on other savoury snacks, where the crisps or snacks weigh less than 60 grams;

(e) packaging on single portions of food which can be consumed immediately without further preparation, including sausage rolls, sushi, sandwiches, biscuits and individual cakes;

(f) cartons holding 850 millilitres or less of drink whose contents can be consumed immediately without dilution;

(g) pouches containing less than 600 millilitres of drink, whose contents can be consumed immediately without dilution.

Textual Amendments

F10 Words in Sch. 1 para. 16(2)(a) substituted (1.4.2024) by The Packaging Waste (Data Collection and Reporting) (Wales) (Amendment) Regulations 2024 (S.I. 2024/400), regs. 1(2), 20(d) (with reg. 3)

Commencement Information

I7 Sch. 1 para. 16 in force at 17.7.2023, see reg. 1(2)