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The Packaging Waste (Data Reporting) (Scotland) Regulations 2023
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- Scottish Statutory Instruments
- 2023 No. 7
- PART 1
- Regulation 12
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There are currently no known outstanding effects for the The Packaging Waste (Data Reporting) (Scotland) Regulations 2023, Section 12.
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Exempt packagingS
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12.—(1) A producer is not subject to data collection obligations or data reporting obligations in relation to any packaging or packaging materials which are 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)reused 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 which were 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)reused secondary or tertiary packaging, with the exception of any such reused packaging imported into the United Kingdom.
[F1(e)where paragraph (4) applies, packaging which is—
(i)scheme packaging as defined in regulation 3(2) of the Deposit and Return Scheme for Scotland Regulations 2020, or returnable packaging as provided for in any other regulations made under section 84 of the Climate Change (Scotland) Act 2009, or
(ii)a deposit item for the purposes of regulations made under section 50 of, and schedule 8 of, the Environment Act 2021,]
(3) In paragraph (2)(c),
“marine installation” means any artificial island, installation or structure at sea, other than a vessel.
[F2(4) This paragraph applies where the packaging referred to in paragraph (2)(e) can be returned in exchange for payment of a sum equal to the amount of a deposit—
(a)under a deposit and return scheme established by—
(i)the Deposit and Return Scheme for Scotland Regulations 2020,
(ii)regulations made under section 84 of the Climate Change (Scotland) Act 2009, or
(b)under a deposit scheme established by regulations made under section 50 of, and Schedule 8 of, the Environment Act 2021.]
F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 12(2)(e) substituted (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 11(a) (with reg. 18)
F2Reg. 12(4) substituted (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 11(b) (with reg. 18)
F3Reg. 12(5) omitted (1.4.2024) by virtue of The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 11(c) (with reg. 18)
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