SCHEDULE 1Collection and reporting information
PART 1Interpretation
I11
In this Schedule—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
“first reporting period” means—
i
the period of six months starting on 1st January and ending on 30th June 2023; or
ii
where regulation 17(2)(b) applies, the period starting on the date on which these Regulations come into force and ending on 30th June 2023;
c
“reporting period”, other than the first reporting period, means a period of six months, starting on 1st January or 1st July;
d
e
references to the weight of packaging in kilograms or tonnes are references to the actual, measured weight of that packaging in kilograms to the nearest kilogram, or in tonnes to the nearest tonne.
PART 2General Information
I22
The name, address and telephone number of the registered office of the producer or, if not a company, the head office or principal place of business of the producer.
I33
The business name of the producer if different from that referred to in paragraph 2 above.
I44
The name and contact details for the individual at the producer who is responsible for dealing with enquiries from the Environment Agency.
I55
The address for service of notices on the producer if different from that referred to in paragraph 2 above.
I66
Where the producer is a partnership, the names of all the partners.
I77
Each class of producer to which the applicant belongs.
I88
If they belong to more than one class of producer, which of those classes constitutes their main activity as a producer.
I99
Where the producer is a brand owner—
a
details of all names, trademarks and other distinctive marks which appear on packaging for which the brand owner is responsible;
b
whether the brand owner also produces packaging on which no name, trade mark or other distinctive mark appears.
PART 3Information required from brand ownersF18, packers/fillers, importers F19or first UK owners, distributors and service providers
Words in Sch. 1 Pt. 3 heading inserted (1.4.2024) by The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 (S.I. 2024/359), regs. 1(2), 17(a)(ii) (with reg. 2)
I1010
1
This Part applies to producers who are—
a
brand ownersF23...;
F22aa
packers/fillers;
b
importers F24or first UK owners;
c
distributors; or
d
service providers.
F201A
A producer required by regulation 17 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 online marketplace operator.
2
A small producer must keep records of the information in paragraph 11 and 13(1)(a), (b) and (d) to comply with F25regulation 16(2).
3
A large producer (“LP”) must—
a
keep records of the information set out in paragraphs 11 to 17 for the data collection period as required by regulation 16(3); and
I1111
The weight in kilograms of packaging in each packaging category the producer has supplied during the relevant period.
I1212
The weight in kilograms of household packaging in each packaging category the producer has supplied during the relevant period.
I1313
1
A breakdown for the packaging supplied in each packaging category during the F4relevant period, specifying—
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.
F272
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F263
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(1A).
F514
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1415
Producers who are distributors must also, for each large producer subject to obligations under regulation 15(3) to whom the producer has supplied unfilled household packaging or other unfilled packaging during the relevant period, keep records of—
a
the identity of the producer,
b
the number of units of such packaging supplied, and
c
the weight of unfilled packaging and F6of unfilled household packaging supplied to that producer.
I1516
F71
Where the producer has instituted a system of F9reusing packaging, a description of that system, including the following information—
a
the weight in kilograms of all packaging supplied during the F10relevant period that is reusable or refillable;
b
the weight in kilograms of the packaging referred to in sub-paragraph (a) which is primary packaging;
F11c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82
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.
I1617
1
The weight in kilograms of household packaging supplied by the producer F12in the relevant period in each packaging category which consists of items listed in sub-paragraph (2).
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 F28and 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.
PART 4Information required from online marketplace operators
I1718
Producers who are online marketplace operators—
a
must keep records of, and report on, the information set out in paragraphs 19 and 20 F29for all packaging in respect of which they are a producer under regulation 8(6); and
b
must provide a description of the methodology they use to collate the information required under sub-paragraph (a) to the Environment Agency.
I1819
The weight in kilograms of packaging in each packaging category F30supplied through an online marketplace operated by the producer during the relevant period.
I1920
The weight in kilograms of household packaging in each packaging category F31supplied through an online marketplace operated by the producer during the relevant period.
PART 5Supply and discarding of packaging by nation
I2021
Producers who are subject to the data collection obligations in regulation 16 must maintain records of the following information F32for all packaging in respect of which they are a producer, or, for the information in paragraph 22, a producer of a class specified in that paragraph—
F34b
for large producers, the information in paragraphs 22 and 23, where applicable.
I2122
1
The weight in kilograms of—
a
all packaging the producer supplies, where the producer is a seller, online marketplace operator, distributor or service provider;
b
all packaging the producer F36imports and then discards, where the producer is an importer;
F35c
all packaging the producer takes ownership of and then discards, when the producer is a first UK owner;
in a year in each nation in the United Kingdom, in each packaging category.
F132
For the purposes of reports submitted in relation to the relevant years 2024, 2025 and 2026, producers who are—
a
sellers who supply secondary or tertiary packaging may estimate the amount of packaging which had been supplied to a nation of the United Kingdom in order to calculate the weight of packaging supplied to that nation;
b
importers who import secondary or tertiary packaging F37and first UK owners who are treated as supplying secondary or tertiary packaging may estimate the amount of packaging discarded in a nation of the United Kingdom in order to calculate the weight of packaging discarded in that nation.
3
Sub-paragraph (2) does not apply to packaging which is supplied directly by the seller to the person using it.
I2223
1
How much relevant packaging waste the producer has collected during the relevant period from persons other than the producer F14and sent for recycling.
2
How much packaging waste the producer has collected during the relevant period—
a
consisting of the producer’s own packaging waste; and
b
consisting of packaging waste from other persons.
3
How much of the waste referred to in sub-paragraph (2) was—
a
collected from each nation within the United Kingdom;
b
sent for recycling to another nation in the United Kingdom, identifying the nation concerned.
4
The amount of waste declared under sub-paragraphs (1), (2) and (3) must be declared by weight, in kilograms, and be further broken down by packaging category.
5
In this paragraph, packaging waste is “relevant packaging waste” if it is not collected from households for recycling by more than 75% of the relevant authorities in England responsible for waste collection.
F156
“Relevant packaging waste” includes reusable packaging which has been reused and has become waste, whether or not it is collected from households for recycling by more than 75% of relevant authorities in England responsible for waste collection.
SCHEDULE 2Licensors and Pub Operating Businesses
PART 1General
I231
1
A head organisation is subject to data collection obligations under regulation 16(6) in the situations set out in paragraph 2(1) below where the conditions in paragraph 2(2) below are met.
2
Where a head organisation has such obligations—
a
paragraph 6 below applies to determine the obligations of a licensor; and
b
paragraph 8 below applies to determine the obligations of a pub operating business.
I242
1
The situations referred to in paragraph 1 above are that—
a
the head organisation and one or more of its members would, but for the fact that they do not all satisfy one or both of the tests for the threshold criteria in regulation 11(2), each have obligations under these Regulations;
b
two or more members of the head organisation would, but for not satisfying one or both of the tests for the threshold criteria in regulation 11(2), each have obligations under these Regulations; or
c
the head organisation has obligations under these Regulations and one or more of its members would, but for a failure to satisfy one or both of the tests for the threshold criteria in regulation 11(2), each have obligations under these Regulations.
2
The conditions referred to in paragraph 1 above are that—
a
the head organisation satisfies the threshold test relating to turnover in regulation 11(2)(a); and
I253
Where the head organisation does not have the information necessary for the purposes of Parts 2 and 3 the organisation—
a
must use its best endeavours to obtain such information; and
b
where despite having used its best endeavours it nevertheless does not have such information it must produce its best estimate and that estimate must be used for the purposes of Parts 2 and 3.
I264
For the purposes of this Schedule—
a
“head organisation” means a licensor or pub operating business as defined in regulation 9; and
b
“member” means—
i
where the head organisation is a licensor, a licensee being the person granted a licence to use a trade mark by the licensor under a licence agreement as provided for in regulation 9; or
ii
where the head organisation is a pub operating business, a tenant being the person granted a lease or tenancy by the pub operating business as provided for in regulation 9.
PART 2Licensors
I275
Where the head organisation is a licensor, for the purposes of determining whether the condition in regulation 11(2)(b) is met, only the following packaging or packaging materials are to be taken into account—
a
packaging or packaging materials that bear a trade mark of the head organisation for which a licence to use such trade mark has been granted under the licence agreement;
b
packaging associated with goods that bear a trade mark of the head organisation for which a licence to use such trade mark has been granted under the licence agreement; and
c
where the member is obliged to—
i
purchase goods in packaging;
ii
purchase goods and associated packaging or packaging materials to be used to contain or protect such goods or to facilitate the handling of or for the presentation of such goods;
iii
purchase packaging or packaging materials to be used to contain or protect such goods or to facilitate the handling of or for the presentation of such goods;
from the head organisation or, where the head organisation has negotiated some or all of the terms of the supply, a supplier nominated or authorised by the head organisation under the licence agreement, such packaging or packaging materials.
I286
Where the head organisation is a licensor—
a
where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—
i
is deemed to be a producer of a class or classes specified in regulation 8; and
ii
has data collection obligations in respect of its own activities, where applicable, and those of its members in respect of the packaging or packaging materials set out in paragraph 5;
b
where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—
i
has obligations as a producer in respect of its own activities;
ii
is deemed to be a producer of one or more classes specified in in regulation 8; and
iii
has data collection obligations in respect of the activities of its members in respect of the packaging or packaging materials set out in paragraph 5.
PART 3Pub operating businesses
I297
1
Where the head organisation is a pub operating business, for the purposes of determining whether the condition in regulation F1611(2)(b) is met, only packaging or packaging materials specified in sub-paragraph (2) are to be taken into account.
2
The packaging or packaging materials referred to in sub-paragraph (1) are packaging or packaging materials that contain the goods that are the subject of the obligation to purchase from the head organisation or person nominated or authorised by that head organisation under the pub operating agreement, whether or not the goods have been packed or filled in the packaging or packaging materials when they are purchased by the member.
I308
Where the head organisation is a pub operating business—
a
where there is a situation falling in paragraph 2(1)(a) or (b) above and the conditions in paragraph 2(2) above have been met, the head organisation—
i
is deemed to be a producer of one or more classes specified in regulation 8; and
ii
has data collection obligations in respect of its own activities, where applicable, and those of its members in respect of the packaging or packaging materials set out in F17paragraph 7(2); or
b
where there is a situation falling in paragraph 2(1)(c) above and the conditions in paragraph 2(2) above have been met, the head organisation—
i
has obligations as a producer in respect of its own activities;
ii
is deemed to be a producer of one or more classes specified in regulation 8; and
iii
has data collection obligations in respect of the activities of its members in respect of the packaging or packaging materials set out in paragraph 7(2).
Words in Sch. 1 Pt. 3 heading inserted (1.4.2024) by The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2024 (S.I. 2024/359), regs. 1(2), 17(a)(i) (with reg. 2)