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Regulation 11 SupplyF1I1

Northern Ireland

(1)

In these Regulations, a person “supplies” materials if that person does any of the following, either themselves or through an agent acting on their behalf, in relation to packaging or packaging materials owned by that person—

(a)

selling, hiring out or lending;

(b)

providing in exchange for any consideration other than money;

(c)

providing in or in connection with the performance of any statutory function; or

(d)

giving as a prize or otherwise making a gift.

(F21A)

In these Regulations F3—

(a)

a first UK owner is to be treated as “supplying” any packaging which—

(i)

has not been supplied, within the meaning of these Regulations, before coming into the ownership of the first UK owner; and

(ii)

is discarded by the first UK owner in the United Kingdom;

(F4b)

an importer is to be treated as “supplying” packaging or packaging materials which the importer imports into and discards in the United Kingdom.

F5(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Where the packaging is branded packaging, within the meaning of F6regulation 8(2B) , the brand owner is to be treated for the purposes of these Regulations as supplying that packaging even if the brand owner does not do any of the actions listed in paragraph (1) in relation to the packaging.

(4)

Paragraph (3) does not apply in relation to—

(a)

any packaging which is imported into the United Kingdom by—

(i)

an importer, unless the importer is acting as an agent for the brand owner; or

(ii)

an online marketplace operator;

(b)

any reusable packaging supplied by a service provider.

Annotations

Textual amendments

F1

Regulations revoked (1.1.2025) by The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (S.I. 2024/1332), reg. 1(2), Sch. 17 para. 1(e) (with reg. 12, Sch. 15)

F2

Reg. 11(1A) inserted (30.6.2023) by The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/106), regs. 1(2), 7(a)

F3

Words in reg. 11(1A) substituted (1.5.2024) by The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/80), regs. 1(2), 9(a)(i) (with reg. 2)

F4

reg. 11(1A)(b) reg. 11(1A) renumbered as reg. 11(1A)(b) (1.5.2024) by The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/80), regs. 1(2), 9(a)(ii) (with reg. 2)

F5

Reg. 11(2) omitted (1.5.2024) by virtue of The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/80), regs. 1(2), 9(b) (with reg. 2)

F6

Words in reg. 11(3) substituted (1.5.2024) by The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/80), regs. 1(2), 9(c) (with reg. 2)

Commencement

I1

Reg. 11 in operation at 28.2.2023, see reg. 1(2)