The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

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1. Introductory Text

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   PART 1 General

   1. 1. Citation, commencement, extent and application

   2. 2. Interpretation

   3. 3. Modification of the Waste Directive

   4. 4. Establishment in the United Kingdom

   5. 5. Appropriate agency

   6. 6. Drink

   7. 7. Packaging and packaging categories

   8. 8. Household packaging

   9. 9. Household packaging waste

   10. 10. Supply

   11. 11. Exempt packaging

   12. 12. Exclusion of charities

   13. 13. Charges for applications etc.

   14. 14. Electronic documents etc.

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   PART 2 Producers and obligations

   1. CHAPTER 1 Classes of producer

      1. 15. Producers

      2. 16. Brand owners

      3. 17. Packer/fillers

      4. 18. Importers and first UK owners

      5. 19. Distributors

      6. 20. Online marketplace operators

      7. 21. Service providers

      8. 22. Sellers

   2. CHAPTER 2 Threshold criteria and overview of producer responsibility obligations

      1. 23. Large and small producers

      2. 24. Threshold criteria: large and small producers

      3. 25. Producer responsibility obligations

      4. 26. Recyclability assessments

   3. CHAPTER 3 Insolvency, etc., of producers

      1. 27. Insolvency, etc., of producers

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   PART 3 Producer responsibility obligations

   1. CHAPTER 1 Registration of producers

      1. 28. Application for producer registration

      2. 29. Making an application for producer registration

      3. 30. Determination of applications for producer registration

      4. 31. Conditions of registration of a producer

      5. 32. Cancellation of registration of producers

   2. CHAPTER 2 Record-keeping and reporting obligations

      1. 33. Information to be collected and reported by producers

      2. 34. Record keeping obligations

      3. 35. Reporting obligations: large producers

      4. 36. Reporting obligations: small producers

      5. 37. Obligation to report results of recyclability assessments

      6. 38. Obligation to report data on plastic or paper bags supplied in England

      7. 39. Reporting obligations: general provisions

   3. CHAPTER 3 Recycling and certification obligations

      1. 40. Recycling obligations

      2. 41. Certification obligation

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   PART 4 Compliance schemes

   1. CHAPTER 1 General

      1. 42. Producers: effect of compliance scheme membership

      2. 43. Obligations of compliance schemes

      3. 44. Producer responsibility obligations carried out by scheme operators

      4. 45. Provision of information by producers to compliance schemes

      5. 46. Mid-year changes to compliance scheme membership

   2. CHAPTER 2 Approval of compliance schemes

      1. 47. Application for approval of a compliance scheme

      2. 48. Conditions of approval of a compliance scheme

      3. 49. Withdrawal of approval of a compliance scheme

      4. 50. Voluntary withdrawal of approval

   3. CHAPTER 3 Registration of compliance schemes

      1. 51. Application for registration of a compliance scheme

      2. 52. Determination of application for compliance scheme registration

      3. 53. Conditions of registration of a compliance scheme

      4. 54. Cancellation of registration of a compliance scheme

   4. CHAPTER 4 Compliance schemes: records, reports and certificates

      1. 55. Records and reports

      2. 56. Statement of compliance

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   PART 5 Disposal costs

   1. CHAPTER 1 General

      1. 57. Interpretation of this Part

   2. CHAPTER 2 The scheme administrator

      1. 58. Scheme administrator

      2. 59. Power to direct the scheme administrator

   3. CHAPTER 3 Producer responsibility for disposal and administration costs

      1. 60. Liability of producers to pay annual disposal and administration fees

      2. 61. Calculation of disposal fees

      3. 62. Calculation of disposal fee: household packaging waste

      4. 63. Calculation of disposal fee: costs of providing public information

      5. 64. Household packaging waste disposal fees: modulation

      6. 65. Calculation of administration fee

      7. 66. Provision for impairments

      8. 67. Notice of liability

      9. 68. Payments and interest

   4. CHAPTER 4 Assessment of disposal costs

      1. 69. Disposal costs of relevant authorities for household packaging waste

      2. 70. Assessment by the scheme administrator: relevant authority disposal costs

      3. 71. Adjustments to disposal costs: waste income and determination of net efficient disposal costs

      4. 72. Adjustments to disposal costs: effective service

      5. 73. Procedure for assessments

      6. 74. Notice of assessment

      7. 75. Assessment of disposal costs: scheme administrator public information services

      8. 76. Distribution to relevant authorities and the scheme administrator

      9. 77. Relevant authorities: costs of providing information

   5. CHAPTER 5 Recalculations

      1. 78. Recalculations

      2. 79. Recalculation of disposal and administration fees

      3. 80. Recalculations: chargeable disposal costs

      4. 81. Recalculations: supplementary

      5. 82. Recalculation notices: producers

      6. 83. Recalculation notices: relevant authorities

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   PART 6 Reprocessors and exporters

   1. CHAPTER 1 Interpretation

      1. 84. Interpretation

   2. CHAPTER 2 Registration

      1. 85. Registration: reprocessors

      2. 86. Registration: exporters

      3. 87. Determination of registration applications

      4. 88. Conditions of registration and annual charge

      5. 89. Variation of sampling and inspection plan

      6. 90. Cancellation of registration of reprocessors and exporters

      7. 91. Records and reporting requirements for registered reprocessors and exporters

   3. CHAPTER 3 Accreditation

      1. 92. Prohibition on issuing PRNs and PERNs unless accredited

      2. 93. Requirements for accreditation

      3. 94. Applications for accreditation: reprocessors

      4. 95. Applications for accreditation: exporters

      5. 96. Applications for accreditation: general requirements

      6. 97. Determination of accreditation applications

      7. 98. Conditions of accreditation

      8. 99. Variation of accreditation

      9. 100. Suspension and cancellation of accreditation

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   PART 7 Corporate Groups, Licensors and Pub Operating Businesses

   1. 101. Packaging supplied by corporate groups

   2. 102. Packaging supplied by licensors and their licensees, and by pub operating businesses and their tenants

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   PART 8 Appeals

   1. 103. Interpretation

   2. 104. Right of appeal: decisions of the appropriate agency and civil sanctions

   3. 105. Right of appeal: disposal costs and scheme administrator costs

   4. 106. Procedure on appeals

   5. 107. Status pending appeal

   6. 108. Determination of appeals

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    PART 9 Monitoring and enforcement

    1. CHAPTER 1 Powers and duties of the appropriate agency

       1. 109. Monitoring

       2. 110. Powers to obtain information

       3. 111. Monitoring plans and reports

    2. CHAPTER 2 Powers of entry etc.

       1. 112. Powers of entry etc: England, Wales and Scotland

       2. 113. Powers of entry etc: Northern Ireland

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    PART 10 Offences and Civil Sanctions

    1. CHAPTER 1 General

       1. 114. Interpretation

    2. CHAPTER 2 Offences and penalties

       1. 115. Offences: producers

       2. 116. Offences: scheme operators

       3. 117. Offences: reprocessors and exporters

       4. 118. Further offences

       5. 119. Penalties for offences

       6. 120. Offences: supplementary

    3. CHAPTER 3 Civil Sanctions

       1. 121. Civil sanctions

       2. 122. Civil sanctions: Scottish enforcement agencies

       3. 123. Enforcement cost recovery notices

       4. 124. Payment of penalties into Consolidated Fund etc

       5. 125. Withdrawing or amending a notice

       6. 126. Publication of enforcement action

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    PART 11 Miscellaneous and supplementary

    1. 127. Policy statement

    2. 128. Guidance and protocols

    3. 129. Public register

    4. 130. Database of reported information

    5. 131. Fit and proper person test

    6. 132. Approved persons

    7. 133. Delegation of approved persons’ functions

    8. 134. Delegation of approved persons’ functions: supplementary

    9. 135. Information sharing

    10. 136. Implementation of relevant deposit schemes

    11. 137. Transitional, transitory and saving provisions

    12. 138. Consequential amendments

    13. 139. Revocations

    14. 140. Review

13. Signature

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       SCHEDULE 1

       Charges

       1. 1. Payment of charges

       2. 2. Producers

       3. 3. Compliance schemes

       4. 4. Registration of producers which are compliance scheme members

       5. 5. Reprocessors and exporters: registration

       6. 6. Reprocessors and exporters: accreditation

       7. 7. Abatement

       8. 8. Annual increases for inflation

       9. 9. Charging schemes

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       SCHEDULE 2

       Insolvency events

       1. 1. In this Schedule— “the 1986 Act” means the Insolvency Act...

       2. 2. For the purposes of these Regulations, an insolvency event takes...

       3. 3. For the purposes of these Regulations, an insolvency event takes...

       4. 4. For the purposes of these Regulations, an insolvency event takes...

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       SCHEDULE 3

       Information required for producer registration

       1. 1. The name, address and telephone number of—

       2. 2. If the producer is not habitually resident in the United...

       3. 3. The business name of the producer if different from that...

       4. 4. The name and contact details, including an email address, of...

       5. 5. The address for service of notices on the producer if...

       6. 6. Where the producer is a partnership, the names of all...

       7. 7. Which of the functions described in regulations 16 to 22...

       8. 8. If the producer performs more than one such function, which...

       9. 9. The relevant SIC code for the function the producer performs...

       10. 10. The producer’s turnover in the financial year referred to in...

       11. 11. Except where the application is made under regulation 28(2), the...

       12. 12. Whether or not the producer is liable to pay disposal...

       13. 13. Where the producer is a brand owner—

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       SCHEDULE 4

       Producer reporting information

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          PART 1 Interpretation

          1. 1. (1) In this Schedule, all references to the weight of...

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          PART 2 Descriptions of information

          1. 2. The weight of packaging in each packaging category which the...

          2. 3. The weight of household packaging in each packaging category which...

          3. 4. A description of the methodology used by the producer to...

          4. 5. A breakdown of the packaging in each packaging category which...

          5. 6. The weight of household packaging in each packaging category which...

          6. 7. The weight of packaging, and the number of units of...

          7. 8. (1) In relation to each relevant producer to whom the...

          8. 9. Where the producer has instituted a system of reusing reusable...

          9. 10. The weight in kilograms of household packaging in each packaging...

          10. 11. (1) The weight in kilograms of— (a) all packaging supplied...

          11. 12. (1) The weight in kilograms, in each packaging category, of...

          12. 13. (1) The weight in kilograms of— (a) packaging waste which...

          13. 14. The number of plastic or paper bags supplied in England...

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       SCHEDULE 5

       Recycling obligations

       1. 1. (1) A producer’s obligations to recycle packaging waste in a...

       2. 2. (1) The amount of packaging waste to be recycled by...

       3. 3. The following percentages are prescribed as the recycling target “Y”...

       4. 4. The following percentage targets are prescribed as the recycling targets...

       5. 5. Where the appropriate agency is satisfied that a producer has...

       6. 6. For the purposes of this Schedule, recycling “by re-melt” means...

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       SCHEDULE 6

       Compliance schemes

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          PART 1 Contents of operational plan

          1. 1. The information to be contained in the operational plan referred...

          2. 2. That sufficient financial resources and technical expertise will be available...

          3. 3. How the recycling obligations of the scheme operator underregulation 43(3)(c)...

          4. 4. The steps the scheme operator proposes to take to recycle...

          5. 5. In relation to PERNs and PRNs which the scheme operator...

          6. 6. The contracts the scheme operator anticipates will be made with...

          7. 7. How the scheme operator is assisting reprocessors to direct resources...

          8. 8. How information referred to in regulation 45(1) is to be...

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          PART 2 Information required for compliance scheme registration

          1. 9. The name of the compliance scheme.

          2. 10. The name of the scheme operator, and where the scheme...

          3. 11. The address and telephone number of— (a) the registered office...

          4. 12. The name and contact details, including an email address, of...

          5. 13. The business name of the scheme operator, if different from...

          6. 14. The address for service of notices on the scheme operator...

          7. 15. Full particulars of the agreement for the constitution of the...

          8. 16. In relation to each producer who is a member of...

          9. 17. Which of the functions described in regulations 16 to 22...

          10. 18. If a member performs more than one such function, which...

          11. 19. The relevant SIC code for the function each member of...

          12. 20. Confirmation that the scheme operator has, where applicable, satisfied the...

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       SCHEDULE 7

       The scheme administrator

       1. 1. Power to delegate functions

       2. 2. Principles

       3. 3. Communications

       4. 4. Public information

       5. 5. Guidance, etc., to producers

       6. 6. Guidance, etc., to relevant authorities

       7. 7. Methodology and guidance on assessment of recyclability

       8. 8. Statement of policy on modulation of disposal fees

       9. 9. Lists

       10. 10. Complaints procedure

       11. 11. Strategy

       12. 12. Operational plan

       13. 13. Annual report

       14. 14. Accounts

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       SCHEDULE 8

       Reprocessors and exporters

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          PART 1 Information for registration

          1. 1. Reprocessors

          2. 2. The name and contact details, including an email address, of...

          3. 3. The trading name of the reprocessor if different from that...

          4. 4. The address for service of notices on the reprocessor if...

          5. 5. Where the reprocessor is a partnership, the names of all...

          6. 6. The name and address of the reprocessing site for which...

          7. 7. A list of all the categories of packaging waste the...

          8. 8. The category of packaging waste for which the application is...

          9. 9. Information on the recycling operations the reprocessor wishes the registration...

          10. 10. Exporters

          11. 11. The name and contact details, including an email address, of...

          12. 12. The trading name of the exporter if different from the...

          13. 13. The address for service of notices on the exporter if...

          14. 14. Where the exporter is a partnership, the names of all...

          15. 15. The category of packaging waste for which the application is...

          16. 16. The locations in the United Kingdom from which the packaging...

          17. 17. In relation to each overseas reprocessing site to which the...

          18. 18. Information on the recycling operations carried out at the overseas...

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          PART 2 Reporting requirements

          1. 19. (1) In this Part, “reporting period” means—

          2. 20. A reprocessor must report the following information to the appropriate...

          3. 21. An exporter must report the following information to the appropriate...

          4. 22. (1) In this Part, a reference to the weight of...

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          PART 3 Conditions of Accreditation

          1. 23. Application of conditions

          2. 24. Conditions applying to reprocessors

          3. 25. A reprocessor must, in relation to each PRN it issues,...

          4. 26. (1) A reprocessor must provide a monthly report to the...

          5. 27. Conditions applying to exporters

          6. 28. An exporter must, in relation to each PERN it issues,...

          7. 29. (1) An exporter must provide a monthly report to the...

          8. 30. Conditions applying to both reprocessors and exporters

          9. 31. A reprocessor or exporter— (a) must not issue PRNs or...

          10. 32. The records required to be kept by a reprocessor under...

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       SCHEDULE 9

       Corporate Groups

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          PART 1 General

          1. 1. Application and interpretation

          2. 2. Large and small producers: application of thresholds to relevant group companies

          3. 3. Individual and group registrations

          4. 4. Application for group registration

          5. 5. Effect of group registration: producer responsibility obligations

          6. 6. Effect of group registration: liability for disposal fees and administration fees

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          PART 2 Mid-year changes

          1. 7. Producer joining a corporate group

          2. 8. NC must be registered with the appropriate agency either—

          3. 9. (1) Where, in relation to the year in which NC...

          4. 10. (1) Where in relation to the year in which NC...

          5. 11. The proportion referred to in paragraphs 9(2) and 10(2) is...

          6. 12. Producer ceasing to be a member of a corporate group

          7. 13. Where, in relation to the year during which XC leaves...

          8. 14. Where, in relation to the year during which XC leaves...

          9. 15. Producer changing corporate groups

          10. 16. Where, immediately before leaving the first group, CC is registered...

          11. 17. Where, immediately before leaving the first group, CC is registered...

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        SCHEDULE 10

        Licensors and Pub Operating Businesses

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           PART 1 Licensors

           1. 1. Meaning of “licence agreement”, “licensor” and “licensee”

           2. 2. Obligations of licensors

           3. 3. The case in this paragraph is that—

           4. 4. The case in this paragraph is that—

           5. 5. (1) Where LR has obligations under this Part, LR must...

           6. 6. (1) LR must report every 12 months—

           7. 7. For the purposes of paragraphs 3 to 6, the packaging...

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           PART 2 Pub Operating Businesses

           1. 8. Meaning of “pub operating agreement”, “pub operating business” and “tenant”

           2. 9. Obligations of pub operating businesses

           3. 10. The case in this paragraph is that—

           4. 11. The case in this paragraph is that—

           5. 12. (1) Where PB has obligations under this Part, PB must...

           6. 13. (1) PB must report every 12 months—

           7. 14. For the purposes of paragraphs 10 to 13, the packaging...

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           PART 3 Interpretation

           1. 15. Interpretation of this Schedule

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        SCHEDULE 11

        Procedure on appeals

        1. 1. Application

        2. 2. Appeals to First Tier Tribunal

        3. 3. Appeals to Planning Appeals Commission or Scottish Ministers

        4. 4. (1) Subject to sub-paragraph (2), the notice of appeal must...

        5. 5. Where under regulation 106(3) the appeal is by way of...

        6. 6. (1) The relevant appeal body or other person determining an...

        7. 7. Appeals to the Sheriff

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        SCHEDULE 12

        Powers of entry etc.

        1. 1. Modifications to the 1995 Act

        2. 2. Modifications to the 1997 Order

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        SCHEDULE 13

        Civil sanctions

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           PART 1 Table of civil sanctions

           1. 1. (1) The following table sets out requirements and prohibitions for...

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           PART 2 Fixed monetary penalties

           1. 2. (1) The amount of a fixed monetary penalty under these...

           2. 3. (1) Where an enforcement agency proposes to impose a fixed...

           3. 4. A person on whom a notice of intent is served...

           4. 5. (1) If the person who has received a notice of...

           5. 6. A final notice must include information as to—

           6. 7. (1) The person receiving the final notice may appeal against...

           7. 8. (1) The penalty must be paid within a period of...

           8. 9. (1) If a notice of intent to impose a fixed...

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           PART 3 Variable monetary penalties

           1. 10. (1) A variable monetary penalty may not be imposed on...

           2. 11. (1) Where an enforcement agency proposes to impose a variable...

           3. 12. A person on whom a notice of intent is served...

           4. 13. (1) After the end of the period for making representations...

           5. 14. A final notice for a variable monetary penalty must include...

           6. 15. (1) The person receiving the final notice may appeal against...

           7. 16. (1) If a notice of intent for a variable monetary...

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           PART 4 Compliance notices

           1. 17. (1) Subject to sub-paragraph (2), a compliance notice may not...

           2. 18. A compliance notice must include information as to—

           3. 19. (1) The person receiving the notice may appeal against it....

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           PART 5 Enforcement undertakings

           1. 20. (1) An enforcement undertaking must specify— (a) action to secure...

           2. 21. If an enforcement agency has accepted an enforcement undertaking then,...

           3. 22. (1) Each enforcement agency must establish and publish the procedure...

           4. 23. (1) An enforcement agency which is satisfied that an enforcement...

           5. 24. (1) A person who has given inaccurate, misleading or incomplete...

           6. 25. (1) This paragraph applies where an enforcement undertaking is not...

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        SCHEDULE 14

        Public register

        1. 1. The name and address of the registered office, head office...

        2. 2. The number assigned to each producer, compliance scheme, reprocessor and...

        3. 3. In relation to each registered producer— (a) whether the producer...

        4. 4. In relation to each registered compliance scheme—

        5. 5. In relation to registered reprocessors and exporters, and accredited reprocessors...

        6. 6. Any information which the appropriate agency is required to publish...

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        SCHEDULE 15

        Transitional, transitory and saving provisions

        1. 1. Record-keeping obligations

        2. 2. Producers: transitional reporting obligations for 2024 data

        3. 3. Producers: amendment of reports submitted under the 2023 Data Regulations

        4. 4. Producers: transitional reporting obligations for 2025 data

        5. 5. Producers: scaling up of data reported for part of a reporting period

        6. 6. Producers: transitional packaging

        7. 7. Producers: calculation of disposal fees

        8. 8. Producers: approved persons

        9. 9. Compliance schemes

        10. 10. Reprocessors, exporters, PRNs and PERNs

        11. 11. Information notices

        12. 12. Appropriate agencies: reports

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        SCHEDULE 16

        Consequential amendments

        1. 1. Amendment of the 2007 Regulations

        2. 2. Amendment of the 2007 (NI) Regulations

        3. 3. Amendment of the Waste Batteries and Accumulators Regulations 2009

        4. 4. Amendment of the Scrap Metal Dealers Act 2013 (Prescribed Relevant Offences and Relevant Enforcement Action) Regulations 2013

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        SCHEDULE 17

        Revocations

        1. 1. The following instruments are revoked— (a) the Packaging Waste (Data...

        2. 2. The following instruments are revoked on 1st January 2026—

15. Explanatory Note