GovWire

If your business or organisation produces or uses packaging, or sells packaged goods, you may be classed as an obligated packaging producer. Obligated packaging producers must follow rules which help to:

• reduce the amount of packaging produced in the first place
• reduce how much packaging waste goes to landfill
• increase the amount of packaging waste that is recycled

These are in addition to waste duty of care rules all businesses must follow.

Every year an obligated packaging producer must:

• register as a packaging producer by 7 April
• meet their recycling obligation
• obtain evidence of compliance
• submit a certificate of compliance (CoC) by 31 January the following year

Check if you are an obligated packaging producer

Packaging definition

Packaging is any material used to hold, protect, handle, deliver and present goods. This includes packaging for raw materials right through to finished goods to be sold or being sold. For example, pallets, boxes, bags, tape for wrapping, rolls, tubes and clothes hangers sold as part of the clothing item.

What an obligated packaging producer is

You are an obligated packaging producer if you (or a group of companies you are part of) meet both of the following criteria. You:

• handled 50 tonnes of packaging materials or packaging in the previous calendar year
• have a turnover of more than 2 million a year (based on the last financial years accounts)

If your business provides licences to other businesses such as franchises or pub leases, any packaging they handle may contribute towards the 50 tonne threshold for your business.

What handling means

Handling means you do all of the following:

• carry out one or more of the activities in the activity list or have these activities carried out on your behalf
• own the packaging on which the activities are carried out
• supply packaging or packaging materials at any stage in the chain or to the final user of the packaging

You are not handling packaging or packaging materials you use internally within your business.

Activity list: description

The activities are:

• raw material manufacture produce raw materials for packaging manufacture
• packaging conversion convert raw materials into packaging
• packing or filling put goods into packaging or put packaging around goods
• selling supply packaged goods to the end user
• importing import packaged goods or packaging materials from outside the UK, including raw materials that will become packaging, such as plastic pellets used to make bottles
• service provider a business that supplies packaging by hiring it out or lending it

Check the tonnage you handle

When you work out if you handle 50 tonnes of packaging or more, do not include packaging or packing material you export or give to someone else to export. Export includes supplies sent to the Isle of Man, Channel Islands and Republic of Ireland. You must be able to demonstrate what packaging you have exported.

When your business is part of a group

If you are a group you must add up the total amount of packaging handled and annual turnovers to see if you are an obligated packaging producer.

If you are a holding company and you have 2 or more subsidiaries that handle packaging, or both you the holding company and at least one subsidiary handle packaging, you are a group.

A holding company that does not handle packaging itself with only one subsidiary that does, is not a group.

Licensors or pub chains

You can find an explanation of what a licensor and pub operating business is in the regulations.

The type of packaging relevant to your business includes packaging or packaging materials:

• with your trademark
• around goods that carry your trademark
• members must buy from the head organisation or a business specified by the head organisation

Register as a packaging producer

You can either join a compliance scheme or register yourself in the National Packaging Waste Database (NPWD).

A compliance scheme will register you with the correct environmental regulator, get evidence of your compliance and submit the CoC each year.

If you register yourself you will be responsible for registering, getting evidence of compliance and submitting the CoC.

Small packaging producer status

You are classed as a small producer if you have a turnover:

• between 2 million and 5 million
• of less than 2 million but you are part of a company group that has an obligation

See step 1 to find out how to register as a small producer.

Join a compliance scheme

Select an approved compliance scheme from the public register. You will need to pay a fee and follow the schemes instructions.

Check the compliance scheme timescales and make sure you provide the correct information about your company and packaging handled.

Register yourself

You need to register with the environmental regulator where your registered head office or main place of business is based.

To submit a registration you must be an approved person. This is a:

• director or company secretary
• company partner
• sole trader

To get access to NPWD you need to complete and return an authorised signatory form. Contact your environmental regulator to get a form. Once returned and accepted NPWD will issue a login.

Use the delegation of approved or appropriate person form if you want to delegate your function to another person. Sign the form and send it to your environmental regulator.

Log in and fill in the registration form in NPWD.

If you have registered before, your information is copied into your new registration. You will need to check it and make any necessary amendments.

Information you need to enter into NPWD

Step 1: contact details and business information

Provide your:

• registered office information and any main site address where your packaging activities happen or where you collate your packaging data
• Standard Industrial Classification (SIC) code
• turnover (last set of audited accounts)
• status small producer, subsidiary, holding company or licensor

Small producers can register as a small producer in one of two ways.

Option 1: use the allocation method. This obligation is based on turnover. Calculate this obligation by multiplying turnover in millions of pounds (to the nearest 10,000) by 35 tonnes.

Option 2: register as a packaging producer. This obligation is based on weight of packaging handled in the previous year.

Groups can register:

• as one group the holding company can do this even if it is not a packaging producer
• individually by subsidiary
• as a combination of individual subsidiaries and the holding
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