Paragraph 6 Producers: transitional packaging

(1)

Where a report submitted by a large producer (“PR”) under regulation 35 in relation to a period ending on 31st December 2024 (a “regulation 35 report”) includes information about transitional packaging, PR may choose to submit a report to the appropriate agency containing the information in sub-paragraph (2).

(2)

The information in this sub-paragraph is the proportion of transitional packaging in each packaging category which a producer has been required to recycle under the 2007 Regulations or the 2007 (NI) Regulations (“P”), calculated as follows—

P = A P \times S P

where—

“AP” is the amount in kilograms of transitional packaging which has previously been taken into account to calculate the recycling obligations of a producer under the 2007 Regulations or the 2007 (NI) Regulations;
“SP” is the sum of the percentages of that packaging which any class of producer has been required to recycle under the 2007 Regulations or the 2007 (NI) Regulations, as set out in paragraph 4 of Schedule 2 to those Regulations.

(3)

In sub-paragraphs (1) and (2), “transitional packaging” means packaging about which PR has reported information in a regulation 35 report, which has already been the subject of recycling obligations under regulation 4(4)(b) of, and Schedule 2 to, the 2007 Regulations or the 2007 (NI) Regulations.

(4)

If PR submits a report under sub-paragraph (1), it must be submitted—

(a)

in accordance with regulation 39(2); and

(b)

on the date on which PR submits a regulation 35 report for the period referred to in sub-paragraph (1).

(5)

Where PR has submitted a report under sub-paragraph (1) in relation to transitional packaging in a packaging category, paragraph 2(1) of Schedule 5 applies with the modification in sub-paragraph (6) for the purposes of calculating PR’s recycling obligation in relation to that packaging category.

(6)

The modification is that, in calculating the value of X for the packaging category for the purposes of the formula in paragraph 2(1) of Schedule 5, there shall be excluded from the amount of the transitional packaging in that packaging category which PR supplied in the reporting period a proportion of that amount equal to the value of P for that packaging category as calculated in accordance with sub-paragraph (2).