Regulation 18 Importers and first UK owners

(1)

In these Regulations—

(a)

an “importer”, in relation to packaging which is imported, means—

(i)

the person responsible for importing the packaging; or

(ii)

where the person referred to in paragraph (i) is not established in the United Kingdom, the first person established in the United Kingdom who takes ownership of the packaging;

(b)

a “first UK owner”, in relation to packaging which is not imported, means the first person established in the United Kingdom who takes ownership of that packaging in the United Kingdom.

(2)

An importer is a producer in relation to any packaging which—

(a)

is imported into the United Kingdom by the importer;

(b)

is either—

(i)

filled packaging supplied by the importer; or

(ii)

filled or unfilled packaging discarded by the importer in the United Kingdom; and

(c)

is packaging to which paragraph (3) applies.

(3)

This paragraph applies to packaging—

(a)

for which there is no brand owner established in the United Kingdom;

(b)

where the brand owner is not responsible for the import of the packaging; or

(c)

where the brand owner is responsible for the import of the packaging, but is not a large producer under these Regulations.

(4)

A first UK owner is a producer in relation to any packaging where—

(a)

the packaging is packed or filled in the United Kingdom on behalf of a person who is not established in the United Kingdom;

(b)

at the time it is packed or filled, no person established in the United Kingdom is the owner of the packaging; and

(c)

the filled packaging is supplied to the first UK owner.