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

Supply

10.—(1) For the purposes of these Regulations—

(a) a supply of packaging is made where the owner of the packaging does any of the following, either themselves or through an agent acting on their behalf—

(i) sells, hires or lends the packaging;

(ii) provides the packaging in exchange for any consideration other than money;

(iii) provides the packaging in, or in connection with, the performance of any statutory function; or

(iv) gives the packaging as a prize or otherwise makes a gift of it;

(b) a supply of packaging is also to be treated as being made where the packaging is discarded in the cases referred to in paragraph (6).

(2) For the purposes of these Regulations, where a supply of packaging is made as described in paragraph (1)(a), the person who “supplies” the packaging is the person referred to in paragraph (1)(a), except where a different person is treated as supplying the packaging under paragraph (3) or (5).

(3) Where a supply of branded packaging is made as described in paragraph (1)(a), the brand owner is to be treated, subject to paragraph (4), as supplying that packaging even if the person referred to in paragraph (1)(a) is not the brand owner.

(4) Paragraph (3) does not apply—

(a) where the brand owner for the packaging is the brand owner by virtue of regulation 16(1)(b);

(b) in relation to any packaging which is imported into the United Kingdom by—

(i) an importer, unless the importer is acting as an agent for the brand owner; or

(ii) an online marketplace operator; or

(c) in relation to any reusable packaging supplied by a service provider.

(5) Where a supply of packaging is made on an online marketplace, and the person referred to in paragraph (1)(a) is not established in the United Kingdom, the online marketplace operator is to be treated as supplying that packaging.

(6) Where a brand owner, importer or first UK owner discards in the United Kingdom any packaging which is specified in paragraph (7) in relation to that class of producer, that producer is to be treated as supplying that packaging.

(7) The packaging referred to in paragraph (6) is—

(a) in relation to a brand owner, branded packaging which—

(i) is imported into the United Kingdom by the brand owner or by another person on behalf of the brand owner; and

(ii) is not supplied to any person before being discarded;

(b) in relation to an importer, packaging which is imported into the United Kingdom by the importer;

(c) in relation to a first UK owner, packaging which—

(i) has not been supplied before coming into the ownership of the first UK owner; and

(ii) is not supplied to any person by the first UK owner before being discarded.