Article 29 Exemptions for groceries retailers from operating return points

(1)

The scheme administrator must within a reasonable period of receiving an application that complies with regulation 24(2) (application for exemption of a return point) of the Regulations from a groceries retailer for an exemption from the obligation specified in regulation 19(2)^f1 (retailer obligations) of the Regulations—

(a)

if the application is received under regulation 22(a)^f2 (exemptions for return points) of the Regulations on proximity grounds, grant the application where the scheme administrator—

(i)

considers that there is an alternative return point located within reasonable proximity to the premises,

(ii)

has consulted the alternative return point and considers that, if the exemption is granted, the alternative return point would continue to be able to operate effectively as a return point despite an increased volume of returns of scheme packaging or returnable packaging,

(iii)

considers that, if the exemption is granted, it would not significantly impair the ability of the scheme administrator to meet its collection targets,

(b)

if the application is received under regulation 22(b) of the Regulations on premises grounds, grant the application where the scheme administrator is satisfied that the location, layout, design, or construction of the retail premises does not permit, or cannot be reasonably altered to permit, the operation of a return point on the premises.

(2)

The scheme administrator must—

(a)

decide whether or not to grant the exemption to the groceries retailer, and

(b)

give a notice in writing regarding its decision to the groceries retailer.

(3)

The scheme administrator may decide whether or not to grant an exemption under paragraph (1) before 1 October 2027.

(4)

A notice under paragraph (2) must—

(a)

if the scheme administrator grants the exemption under paragraph (2)(a)—

(i)

specify the premises in respect of which the exemption is granted,

(ii)

specify whether the exemption is granted on either proximity grounds under paragraph (1)(a) or premises grounds under paragraph (1)(b),

(iii)

specify the date on which the exemption will take effect, and

(b)

if the scheme administrator refuses the exemption under paragraph (2)(b)—

(i)

state the reasons for that decision, and

(ii)

state that the groceries retailer has a right under article 20 to ask the scheme administrator to review its decision.

(5)

The scheme administrator must publish and maintain a list of groceries retailers that have been granted an exemption under this article in such manner as it considers appropriate.

Annotations

Footnotes

f1: Regulation 19(2) is substituted by S.S.I. 2025/XXX.
f2: Regulation 22(2) is substituted by S.S.I. 2025/XXX.