Regulation 25 Producer responsibility obligations

(1)

Subject to paragraph (4), in relation to any relevant year in which a producer (“P”) is a large producer or a small producer, P must—

(a)

be registered with the appropriate agency in accordance with Chapter 1 of Part 3;

(b)

keep the records specified in relation to P in regulation 34(1), in accordance with regulation 34(2);

(c)

report to the appropriate agency the information specified in relation to P in—

(i)

regulation 35(1), if P is a large producer; or

(ii)

regulation 36(1), if P is a small producer,

in accordance with that regulation and regulation 39; and

(d)

if regulation 38(1) applies to P, report to the Environment Agency the information specified in that paragraph, in accordance with that regulation and regulation 39.

(2)

Subject to paragraph (4), in relation to any relevant year in which P is a large producer and is one or more of the classes of producer in regulation 15(1)(b)(i) to (vi), P must also—

(a)

recycle packaging waste in each packaging category of packaging supplied by P, in accordance with regulation 40;

(b)

keep the evidence specified in regulation 34(3), in accordance with that paragraph;

(c)

furnish a certificate of compliance to the appropriate agency in respect of P’s recycling obligations, in accordance with regulation 41.

(3)

In relation to any relevant year in which P is a liable producer for the purposes of Part 5, P must also—

(a)

assess, in accordance with regulation 26, the recyclability of the household packaging P supplies;

(b)

keep records of those assessments, in accordance with regulation 34(5); and

(c)

report those assessments to the appropriate agency, in accordance with regulations 37 and 39.

(4)

Paragraphs (1) to (3) are subject to—

(a)

regulation 42 (effect of compliance scheme membership); and

(b)

paragraph 5(1)(a) of Schedule 9 (effect of corporate group registration).

(5)

Paragraph (3) does not apply in relation to household packaging which consists of—

(a)

exempt packaging; or

(b)

subject to regulation 136(2), drink containers made of any material other than glass.

(6)

The scheme administrator may direct that, for one or more relevant years following the coming into force of this regulation, paragraph (3) is not to apply to online marketplace operators in relation to household packaging which they are treated under regulation 10(5) as supplying.

(7)

The scheme administrator may only make a direction under paragraph (6) if it is satisfied that it would be disproportionately burdensome for online marketplace operators to ensure that recyclability assessments are carried out for that packaging.