The Packaging Waste (Data Reporting) (England) Regulations 2023

ProducersE+W

This section has no associated Explanatory Memorandum

8.—[F1(1) A person is a producer in relation to the packaging specified in this regulation if they perform in any nation of the United Kingdom the functions of one or more of the following in relation to packaging, either on their own behalf, or through an agent acting on their behalf, and in the course of business—

(a)a brand owner,

(b)a packer/filler,

(c)an importer or first UK owner,

(d)a distributor,

(e)an online marketplace operator,

(f)a service provider, or

(g)a seller.

(1A) No person may be treated as performing one of the functions listed in paragraph (1) for the purposes of this regulation unless they are established in the United Kingdom.]

[F2(2) Unless paragraph [F3(3)(b)(iii), (3A) or (4)] applies, and subject to [F4paragraphs (2A) and (8A)], a brand owner is a producer in relation to—

(a)filled packaging on which that person’s brand appears; and

(b)any part of the packaging contained in, or forming part of, branded packaging (whether or not that part of the packaging is branded).]

[F5(2A) [F6Unless paragraph (3A) or (4) applies, and subject] to [F7paragraph (8A)], when more than one brand appears on filled packaging, the owner of the brand who makes the first supply of the filled packaging is to be treated as the brand owner and producer in relation to that packaging [F8and any packaging contained in, or forming part of, that packaging (whether or not that part of the packaging is branded)].

(2B) In this regulation—

“brand” means a brand name, trade mark or other distinctive mark;

“branded packaging” means packaging on which the brand owner’s brand appears;

“brand owner” means, subject to paragraph (2A), a person whose brand appears on an item of filled packaging.

F9(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) A packer/filler is a producer in relation to any filled packaging—

(a)which is filled by the packer/filler; and

[F10(b)for which—

(i)there is no brand owner established in the United Kingdom,

(ii)the brand owner is not a large producer, or

(iii)the only brand on the packaging relates to the packaging and not to the product contained in that packaging.]

[F11(3A) A packer/filler is also a producer [F12in relation to any packaging]—

(a)where—

(i)the packer/filler has filled [F13the] packaging;

(ii)the packer/filler has put a brand on the packaging to assist with distribution, and not at the request of the brand owner; and

(iii)there is no other brand on the packaging;

(b)F14... which the packer/filler adds to branded packaging otherwise than at the request of the brand owner.]

[F15(4) An importer (“IM”) is a producer in relation to any packaging imported into the United Kingdom to which paragraph (4A) applies—

(a)for which IM is the importer, and

(b)which is—

(i)filled packaging, or

(ii)packaging discarded by IM in the United Kingdom.

(4A) This paragraph applies to packaging—

(a)for which there is no brand owner established in the United Kingdom,

(b)where the brand owner is not responsible for the import of the packaging, or

(c)where the brand owner is responsible for the import of the packaging, but is not a large producer.]

[F16(4B) A first UK owner is a producer in relation to any packaging where—

(a)the packaging is packed or filled in the United Kingdom on behalf of a person who is not established in the United Kingdom,

(b)at the time it is packed or filled, no person established in the United Kingdom is or has been the owner of the packaging, and

(c)the filled packaging is supplied to the first UK owner.]

(5) A distributor is a producer in relation to any unfilled packaging which is—

(a)manufactured or imported by the distributor; and

[F17(b)supplied to any person, other than a large producer who fills or packs the packaging before supplying it to any other person,]

[F18except where a large producer who is a brand owner or a packer/filler is the producer in relation to that packaging under paragraph (2), (2A), (3) or (3A) once the packaging is filled.]

(6) An online marketplace operator is a producer in relation to—

(a)any packaging on items which are sold on their online marketplace by a person, acting in the course of business, who is not established in the United Kingdom; and

(b)any unfilled packaging supplied on their online marketplace—

(i)by a person, acting in the course of business, who is not established in United Kingdom;

(ii)to a business which is not a large producer subject to obligations under regulation 15(3),

provided that the packaging is received in the United Kingdom.

(7) A service provider is a producer in relation to any reusable packaging, the first time that packaging is supplied, but not otherwise.

(8) A seller of filled packaging to the [F19final user] of that packaging is a producer in relation to that packaging, and for these purposes, the [F19final user] is the person who last uses the packaging in question before discarding it.

[F20(8A) Where different individual products are grouped together to be sold as a single sales unit, this regulation must be applied separately to determine the producer of—

(a)the packaging for each individual product within the sales unit, and

(b)the packaging for the sales unit as a whole, including any packaging within the sales unit which is not part of the packaging of any individual product within that sales unit.]

(9) For the purposes of this regulation, a person acts “in the course of business” if they act in the ordinary course of conduct of a trade, occupation or profession.

Textual Amendments

Commencement Information

I1Reg. 8 in force at 28.2.2023, see reg. 1(2)