You must comply with the Producer Responsibility Obligations if your business:
- handles more than 50 tonnes of packaging in a year
and
- has a turnover of more than £2 million (based on the previous financial year).
If your business belongs to a group of companies these requirements apply to the total amount of packaging handled by the group and the group’s total annual turnover.
The obligations apply to the total amount of packaging that your business handles, not the amount of packaging waste that your business produces.
Do you handle packaging?
Your business handles packaging if you, or someone acting on your behalf:
- manufacture the raw materials used to make packaging
- convert raw materials into packaging
- fill packaging (putting goods or products into packaging)
- sell packaged goods to the end user
- lease or hire out packaging, such as pallets
- operate a franchise or other licensed business, including pubs
- import packaging, packaging materials or packaged goods into the UK
- bring transit packaging into the UK that will end up as waste in the UK.
If your business provides licences to other businesses, such as franchises or pub leases, then you may be responsible for their packaging obligations. You will need to include them when you calculate the size of your business.
Reusable packaging
If your business reuses packaging that is already in circulation, you do not need to count this towards the total amount of packaging you handle. This only applies if it is in its original form and it is being used for the same purpose that it was made for.
If you produce reusable packaging you must ensure that your product complies with the Packaging (Essential Requirements) Regulations. These regulations apply to all businesses that design, produce and place packaging on the market.
If your business reconditions or otherwise alters old packaging for a different use you must still comply with the Producer Responsibility Obligations as the packaging is considered new to the market.
In this guideline:
