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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations impose requirements on producers of packaging who are established in the United Kingdom. They require producers to register with the appropriate agency, to collect and report data in relation to packaging they supply, and to assess the recyclability of packaging they supply. They also require certain producers to meet recycling obligations and to pay annual fees as a contribution to the net costs of local authorities providing a waste management service in relation to household packaging waste, and the costs of providing public information about disposal of packaging waste. They establish a scheme administrator to administer the provisions on disposal costs and to distribute amounts collected from producers. They also regulate compliance schemes which perform obligations on behalf of producers who are scheme members, and reprocessors and exporters of packaging waste.

Part 1 (regulations 1 to 14) contains interpretation and other general provisions. Regulation 13 and Schedule 1 prescribe charges payable for applications and other matters specified in the Regulations.

Part 2 (regulations 15 to 27) contains provision about producers. Chapter 1 specifies the producers, and classes of producers, which may have obligations under these Regulations and, in relation to each class of producer, the packaging in relation to which producers of that class may have obligations. Chapter 2 (regulations 23 to 26) sets out the threshold criteria which determine whether a producer is a large producer or a small producer for the purposes of these Regulations, gives an overview of the producer responsibility obligations of large producers and small producers, and makes provision about assessments of the recyclability of packaging. Chapter 3 (regulation 27) makes provision about the effect of insolvency and other events on a producer’s obligations.

Part 3 (regulations 28 to 41) contains more detailed provisions about producer responsibility obligations. Chapter 1 contains provision about registration of producers. Chapter 2 and Schedule 4 contain provision about record-keeping and reporting obligations. Chapter 3 and Schedule 5 contain provision about recycling and certification obligations.

Part 4 (regulations 42 to 56) contains provision about the obligations of compliance schemes and their operators, including requirements for the approval and registration of such schemes, and about the effect of compliance scheme membership upon a producer’s obligations.

Part 5 (regulations 57 to 83) contains provision about disposal costs and disposal fees. Chapter 1 contains interpretation provisions. Chapter 2 provides for the appointment of a scheme administrator and Schedule 7 makes further provision about the functions of the scheme administrator and the principles it must follow. Chapter 3 makes certain large producers which supply household packaging (“liable producers”) liable to pay disposal fees and administration fees to the scheme administrator and provides for the calculation of those fees. It includes provision for the “modulation” of disposal fees payable by a liable producer (regulation 64), that is, for the scheme administrator to be able to adjust those fees to reflect the extent to which household packaging supplied by the producer is environmentally sustainable, and to incentivize the use of more environmentally sustainable packaging. Chapter 4 makes provision about the assessment by the scheme administrator of the “chargeable disposal costs” of relevant authorities (local authorities with waste collection or disposal functions), that is, the amounts which relevant authorities are entitled to be paid by the scheme administrator out of the disposal fees it collects from liable producers, in respect of the costs those authorities incur in relation to the management of household packaging waste. Chapter 5 provides for the recalculation in certain circumstances of amounts calculated or assessed under Chapters 3 and 4.

Part 6 (regulations 84 to 100) and Schedule 8 regulate reprocessors who recycle packaging waste at reprocessing sites in the United Kingdom and exporters who export packaging waste to be recycled at overseas reprocessing sites. Chapter 1 contains interpretation provisions. Chapter 2 provides for the registration of reprocessors and exporters. Chapter 3 prohibits the issue of PRNs or PERNs (that is, documents which may be used by producers and scheme operators as evidence of compliance with their recycling obligations) by anyone other than a reprocessor or exporter who issues them in accordance with an accreditation granted by the appropriate agency. It makes provision about accreditation and imposes record keeping and reporting requirements on accredited reprocessors and exporters.

In Part 7 (regulations 101 and 102), regulation 101 and Schedule 9 make provision about the application of producer responsibility obligations where two or more members of a corporate group are each a producer, including provision for group registrations. Regulation 102 and Schedule 10 apply certain record-keeping and reporting requirements to licensors and pub operating businesses.

Part 8 (regulations 103 to 108) and Schedule 11 contain provisions about appeals.

Part 9 (regulations 109 to 113) and Schedule 12 contain provisions about monitoring and enforcement by the appropriate agencies.

Part 10 (regulations 114 to 126) and Schedule 13 contain provisions about offences and civil sanctions.

Part 11 (regulations 127 to 140) contain miscellaneous and supplementary provisions. Regulation 137 and Schedule 15 make transitional, transitory and saving provisions. Regulation 139 and Schedule 17 contain revocations.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published alongside these Regulations on www.legislation.gov.uk and available from the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London, SW1P 4DF.