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

PART 5 Supply 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—

(a) for small producers, the information in paragraph 22(1),

(b) for large producers who are brand owners, the information in paragraph 23,

(c) for all other large producers, the information in paragraphs 22 and 23.

22.—(1) The weight in kilograms of—

(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 is an importer,

in a relevant year in each nation in the United Kingdom, in each packaging category.

(2) Producers who are sellers who sell 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, or, where the producer is an importer, discarded in, that nation for the purposes of reports submitted in relation to the relevant years 2024, 2025 and 2026, but not in relation to any later years.

(3) Sub-paragraph (2) does not apply to packaging which is supplied directly by the seller to the person using it.

23.—(1) The amount of relevant packaging waste the producer has collected during the relevant period from persons other than the producer.

(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.