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The Packaging Waste (Data Reporting) (Scotland) Regulations 2023
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PART 5SSupply and discarding of packaging by nation
21. Producers who are subject to the data collection obligations in regulation 16 must maintain records of the following information [F1for 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]—S
(a)for small producers, the information in paragraph 22(1) [F2where applicable],
[F3(b)for large producers, the information in paragraphs 22 and 23, where applicable.]
Textual Amendments
F1Words in sch. 1 para. 21 inserted (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 16(g)(i) (with reg. 18)
F2Words in sch. 1 para. 21(a) inserted (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 16(g)(ii) (with reg. 18)
F3Sch. 1 para. 21(b) substituted for sch. 1 para. 21(b)(c) (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 16(g)(iii) (with reg. 18)
Commencement Information
I1Sch. 1 para. 21 in force at 28.2.2023, see reg. 1
22.—(1) The weight in kilograms of—S
(a)all packaging the producer supplies, where the producer is a seller, online marketplace operator, distributor or service provider,
(b)all packaging the producer discards, where the producer [F4imports and then] is an importer,
in a relevant year in each nation in the United Kingdom, in each packaging category.
[F5(c)all packaging the producer takes ownership of and then discards, when the producer is a first UK owner.]
[F6(2) 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 has been supplied to a nation in the United Kingdom in order to calculate the weight of packaging supplied to that nation,
(b)importers who import secondary or tertiary packaging [F7and 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.
Textual Amendments
F4Words in sch. 1 para. 22(1)(b) inserted (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 16(h)(i) (with reg. 18)
F5Sch. 1 para. 22(1)(c) inserted (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 16(h)(ii) (with reg. 18)
F6Sch. 1 para. 22(2) substituted (30.6.2023) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/160), regs. 1, 11(i)
F7Words in sch. 1 para. 22(2)(b) inserted (1.4.2024) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2024 (S.S.I. 2024/42), regs. 1, 16(h)(iii) (with reg. 18)
Commencement Information
I2Sch. 1 para. 22 in force at 28.2.2023, see reg. 1
23.—(1) The amount of relevant packaging waste the producer has collected during the relevant period from persons other than the producer [F8and sent for recycling].S
(2) The amount of packaging waste the producer has collected during the relevant period consisting of—
(a)the producer’s own packaging waste,
(b)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 sub-paragraph (1), packaging waste is “relevant packaging waste” if it is not collected from households for recycling by more than 75% of the relevant authorities in Scotland responsible for waste collection.
(6) In sub-paragraph (5), in relation to glass, “collected for recycling from households” includes glass deposited at a bring site by the occupier of a domestic property.
[F9(7) In sub-paragraph (5), “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 Scotland responsible for waste collection.]
Textual Amendments
F8Words in sch. 1 para. 23(1) inserted (30.6.2023) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/160), regs. 1, 11(j)(i)
F9Sch. 1 para. 23(7) inserted (30.6.2023) by The Packaging Waste (Data Reporting) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/160), regs. 1, 11(j)(ii)
Commencement Information
I3Sch. 1 para. 23 in force at 28.2.2023, see reg. 1
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