10.—(1) In these Regulations, a person “supplies” packaging or packaging materials if that person does any of the following, either themselves or through an agent acting on their behalf, in relation to packaging or packaging materials owned by that person—
(a)selling, hiring out or lending,
(b)providing in exchange for any consideration other than money,
(c)providing in or in connection with the performance of any statutory function, or
(d)giving as a prize or otherwise making a gift.
(2) In these Regulations, an importer is to be treated as “supplying” packaging or packaging materials which the importer imports into and discards in the United Kingdom.
(3) Where the packaging or packaging materials are owned by a person who does not have a registered office or principal place of business in the United Kingdom, a supply takes place when a person who is established in the United Kingdom performs any of the actions in paragraph (1) on behalf of the owner in relation to that packaging or packaging materials.
(4) Where the packaging is branded packaging, the brand owner is to be treated for the purposes of these Regulations as supplying that packaging even if the brand owner does not perform any of the actions listed in paragraph (1) in relation to the packaging.
(5) Paragraph (4) does not apply in relation to—
(a)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;
(b)any reusable packaging supplied by a service provider.
Commencement Information
I1Reg. 10 in force at 17.7.2023, see reg. 1(2)