Regulation 16 Brand owners

(1)

In these Regulations, a “brand owner” means, subject to paragraph (3)—

(a)

a person whose brand appears on an item of filled packaging; or

(b)

where a brand is owned by a body corporate that is not established in the United Kingdom and is a member of a corporate group, any body corporate in that group which—

(i)

is established in the United Kingdom; and

(ii)

supplies an item of filled packaging on which that brand appears.

(2)

Subject to paragraphs (3) and (4), a brand owner is a producer in relation to—

(a)

filled packaging on which—

(i)

that person’s brand appears, where that person is a brand owner by virtue of paragraph (1)(a); or

(ii)

the brand of a body corporate in the same corporate group as that person appears, where that person is a brand owner by virtue of paragraph (1)(b); and

(b)

any part of the packaging contained within, or forming part of, packaging referred to in sub-paragraph (a) (whether or not that part of the packaging is branded).

(3)

Subject to paragraph (4), when more than one brand appears on filled packaging, the owner of the brand who makes the first supply of the filled packaging is to be treated as the brand owner and producer in relation to—

(a)

that packaging; and

(b)

any packaging contained in or forming part of that packaging, whether or not that part of the packaging is branded.

(4)

A brand owner is not a producer in relation to—

(a)

any packaging in relation to which a packer/filler is a producer under regulation 17(2)(c), (d) or (e);

(b)

any packaging in relation to which an importer is a producer under regulation 18(2), and which is packaging to which regulation 18(3)(b) applies; or

(c)

any packaging in relation to which a first UK owner is a producer under regulation 18(4).