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Regulation 115 Offences: producersI1

United Kingdom

(1)

It is an offence for a producer to whom regulation 25(1) applies—

(a)

to carry on business as a producer without being registered, at any time at which the producer is required by regulation 25(1)(a) to be registered;

(b)

to fail to apply to the appropriate agency for registration by the date specified in regulation 28(1), (2) F1, (2A), (2B) or (3), as applicable;

(c)

to fail to keep records as required by regulation 25(1)(b); F2...

(d)

to fail to report information which the producer is required to report by regulation 25(1)(c) or, where it applies to the producer, regulation 25(1)(d) or (3)(c);

(e)

to fail to make a report of any of the information referred to in sub-paragraph (d) by the date on which that report is required to be made under regulation 35, 36, 37 or 38 F3; or

(f)

to report the information described in paragraph 12(2) of Schedule 4 (closed loop packaging waste) for a reporting period without having paid the additional registration charge payable under regulation 29(3)(c) for the relevant year in which that reporting period falls.

(2)

Paragraph (1)(a) and (b) do not apply in respect of any period during which, under regulation 30(2)(c), the producer is treated as having been registered.

(3)

It is an offence for a producer to whom regulation 25(2) applies to fail—

(a)

to comply with the producer’s recycling obligation referred to in regulation 25(2)(a);

(b)

to keep evidence as required by regulation 25(2)(b);

(c)

to furnish a certificate of compliance as required by regulation 25(2)(c).

(4)

A registered producer who does not comply with a condition of registration in regulation 31(b) or (c) (provision of information to the appropriate agency) commits an offence.

Annotations

Textual amendments

F1

Words in reg. 115(1)(b) inserted (1.1.2026) by The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 10(1)(a) (with Sch. 4)

F2

Word in reg. 115(1) omitted (1.1.2026) by virtue of The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 10(1)(b) (with Sch. 4)

F3

Reg. 115(1)(f) and word inserted (1.1.2026) by The Producer Responsibility Obligations (Packaging and Packaging Waste) (Amendment) Regulations 2025 (S.I. 2025/1369), regs. 1(2), 10(1)(c) (with Sch. 4)

Commencement

I1

Reg. 115 in force at 1.1.2025, see reg. 1(2)