Regulation 34 Record keeping obligations

(1)

A producer (“P”) of a class specified in the first column of Table 1 must, in relation to the packaging specified in the corresponding entry in the second column, collect the data specified in the paragraphs of Schedule 4 listed in the corresponding entry in—

(a)

the third column, if P is a large producer; or

(b)

the fourth column, if P is a small producer.

Table 1

Data to be collected by large and small producers

Class of producer	Packaging in relation to which data collection obligation applies	Descriptions of data to be collected by a large producer (references are to paragraph numbers in Schedule 4)	Descriptions of data to be collected by a small producer (references are to paragraph numbers in Schedule 4)
Brand owner	Packaging for which P is a producer by virtue of regulation 16.	2, 3, 5, 6, 7, 9, 10, 12, 13	2, 5, 7
Packer/filler	Packaging for which P is a producer by virtue of regulation 17.	2, 3, 5, 6, 7, 9, 10, 12, 13	2, 5, 7
Importer or first UK owner	Packaging for which P is a producer by virtue of regulation 18.	2, 3, 5, 6, 7, 9, 10, 11, 12, 13	2, 5, 7, 11
Distributor	Packaging for which P is a producer by virtue of regulation 19.	2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13	2, 5, 7, 11
Online marketplace operator	Packaging for which P is a producer by virtue of regulation 20.	2, 3, 4, 8, 11, 12, 13	2, 3, 4, 11
Service provider	Packaging for which P is a producer by virtue of regulation 21.	2, 3, 5, 6, 7, 9, 10 ,11, 12, 13	2, 5, 7, 11
Seller	Packaging for which P is a producer by virtue of regulation 22.	11, 12, 13, 14	11, 14

(2)

A producer must keep any data which the producer is required to collect under paragraph (1) for at least 7 years after the end of the reporting period to which the data relate.

(3)

If P is a large producer who is a brand owner, packer/filler, importer or first UK owner, distributor, online marketplace operator or service provider, P must—

(a)

retain evidence—

(i)

of the amount of relevant packaging waste which P has collected from consumers and sent for recycling as referred to in regulation 62(2), and reported on under paragraph 12 of Schedule 4;

(ii)

that the relevant packaging waste referred to in paragraph (i) has been recycled; and

(b)

keep that evidence for at least 7 years after the activity to which the evidence relates.

(4)

In paragraph (3)(a), “relevant packaging waste” means—

(a)

reusable packaging which has been used at least once and has become waste; or

(b)

any other packaging waste which is collected from households for recycling by less than 75% of the relevant authorities in the United Kingdom responsible for waste collection,

but, subject to regulation 136(2), not including drink containers made from any material other than glass.

(5)

If P is a liable producer for the purposes of Part 5, P must retain records of recyclability assessments carried out in accordance with regulation 25(3) for at least 7 years after the record is made.