Regulation 7 Amendment of Part 5 (disposal costs)
In regulation 60 (liability of producers to pay annual disposal and administration fees)—
for paragraph (1) substitute—
“(1)A person is a liable producer in relation to an assessment year if—
(a)the person is a producer in all or part of that assessment year; and
(b)in the calendar year ending on the 31st December preceding the start of that assessment year, the person—
(i)was a brand owner, a packer/filler, an importer or first UK owner, a distributor, an online marketplace operator or a service provider;
(ii)was a large producer; and
(iii)supplied household packaging.”;
in paragraph (2), for “producer” in the first and second places where it occurs, substitute “person”.
In regulation 62 (calculation of disposal fee: household packaging waste)—
in paragraph (1)—
in the definition of “E”, at the end insert—
“, after subtraction of the total weight in tonnes of waste in that packaging category which is off-set under paragraph (2) for all liable producers”;
in the definition of “CW”, after “producer” insert “, or, where regulation 67A(4) applies, estimated by the scheme administrator,”;
in paragraph (2), for the words from “must” to the end, substitute—
“must, subject to paragraphs (2A) and (2B), off-set the weight in tonnes of relevant packaging waste and closed loop packaging waste in that packaging category reported by or in relation to the liable producer under paragraph 12(1) or (2) of Schedule 4”;
after paragraph (2) insert—
“(2A)The scheme administrator must calculate CW without off-setting any closed loop packaging waste reported under paragraph 12(2) of Schedule 4, if the liable producer has not paid the additional registration charge under regulation 29(3)(c) for the calendar year in question.
(2B)If, for a packaging category, the weight referred to in paragraph (2) is greater than the weight of household packaging reported by or in relation to the producer as having been supplied in the calendar year ending before the start of the assessment year, CW is 0.”.
In regulation 63 (calculation of disposal fee: costs of providing public information), in paragraphs (2), (4) and (6), in the definition of “CW” in each of those paragraphs, after “made” insert “, or, where regulation 67A(4) applies, estimated by the scheme administrator,”.
In regulation 64 (household packaging waste disposal fees: modulation), in paragraph (7), at the end insert—
“(f)whether the amount of packaging material used is no more than reasonably necessary to fulfil the purpose of the packaging.”.
In regulation 65 (calculation of administration fee), after paragraph (2) insert—
“(2A)Where the scheme administrator has delegated, or expects to delegate, any of its functions to another body under paragraph 1(1) or (2B) of Schedule 7, the expenses referred to in paragraph (2) include any payments that the scheme administrator expects to make to that body for carrying out those functions.”.
After regulation 67, insert regulation 67A (late assessment of disposal and administration fees) as set out in Schedule 2 to these Regulations.
In regulation 68 (payments and interest)—
in paragraph (1)—
before “producer” insert “liable”;
after “67” insert “or 67A”;
in paragraph (2)—
after “67(2)(g)” insert “or 67A(7)”;
before “producer”, in both places where it occurs, insert “liable”;
after “disposal fees” insert “or administration fees”;
in paragraph (3), after “disposal fee” insert “, administration fee”.
In regulation 70 (assessment by the scheme administrator: relevant authority disposal costs), in paragraph (7), in the opening words, after “possible”, insert “while facilitating achievement of the environmental effects set out in the policy statement published under regulation 127f1”.
In regulation 73 (procedure for assessments), in paragraph (1)(c)—
omit paragraph (i); and
in paragraph (ii), for “the relevant area” substitute “the area of that authority (“the relevant area”)”.
In regulation 79 (recalculation of disposal and administration fees), in paragraph (5), in the opening words, after “year is” insert “materially”.