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

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PART 3SInformation required from brand owners, packer/fillers, importers [F1or first UK owners], distributors and service providers

10.—(1) This Part applies to producers who are—S

(a)brand owners, F2...

[F3(aa)packer/fillers,]

(b)importers [F4or first UK owners],

(c)distributors,

(d)service providers.

[F5(1A) A producer required by regulation 17 to report information under this Part—

(a)must only report that information in relation to packaging for which that producer performs the functions 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 functions 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) as required by regulation [F616(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

(b)as required by regulation 17(1)—

(i)report on [F7the information set out in paragraphs 11 to 13, 16, 17 and 23] in relation to the first reporting period and subsequent reporting periods,

F8(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11.  The weight in kilograms of packaging in each packaging category the producer has supplied during the relevant period.S

Commencement Information

I2Sch. 1 para. 11 in force at 28.2.2023, see reg. 1

12.  The weight in kilograms of household packaging in each packaging category the producer has supplied during the relevant period.S

Commencement Information

I3Sch. 1 para. 12 in force at 28.2.2023, see reg. 1

13.—(1) A breakdown for the packaging supplied in each packaging category during the [F9relevant] period, specifying—S

(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 drink containers.

F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(3) 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).]

F1214.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S

15.  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—S

(a)the identity of the producer,

(b)the number of units of such packaging supplied,

(c)the weight of unfilled packaging and of [F13unfilled] household packaging supplied to that producer.

Textual Amendments

Commencement Information

I5Sch. 1 para. 15 in force at 28.2.2023, see reg. 1

16.[F14(1)]  Where the producer has instituted a system of [F15reusing reusable] packaging, a description of that system, including the following information—S

(a)the weight in kilograms of all packaging supplied during the [F16relevant] period that is reusable or refillable,

(b)the weight in kilograms of the packaging referred to in sub-paragraph (a) which is primary packaging,

F17(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(2) the information provided in 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.]

17.—(1) The weight in kilograms of household packaging supplied by the producer [F19in the relevant period in each packaging category,] which consists of items listed in sub-paragraph (2).S

(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 [F20and paper],

(b)packaging on confectionery, where the confectionery 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.

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