Guidance

Registering as a small packaging producer using the allocation method: RPS 230

Published 29 September 2022

Applies to England

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This publication is available at https://www.gov.uk/government/publications/registering-as-a-small-packaging-producer-using-the-allocation-method-rps-230/registering-as-a-small-packaging-producer-using-the-allocation-method-rps-230

This regulatory position statement (RPS) does not change your legal requirement to register as a small producer under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 as amended.

However, the Environment Agency will not normally take enforcement action against you if do not comply with these legal requirements, provided:

  • your activity meets the description set out in this RPS
  • you comply with the conditions set out in this RPS
  • your activity does not cause (and is not likely to cause) pollution of the environment or harm to human health

1. When this RPS applies

This RPS applies to small producers who choose to have their recovery and recycling obligations calculated using the allocation method.

The allocation method is based on turnover, rather than on the types, amount and use of packaging waste.

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

This RPS applies when you cannot meet your obligations as a small producer under the allocation method, which are to:

2. Conditions you must comply with

You must:

  • contact the Environment Agency before you use this RPS by emailing packaging@environment-agency.gov.uk
  • keep records for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request
  • provide evidence to the Environment Agency to prove you have met the recovery and recycling obligations that would have applied, had you not chosen the allocation method

3. When you must check back

The Environment Agency will review this RPS by 30 November 2023. You will need to check back then to see if it still applies or if you need to register using the allocation method.

The Environment Agency can withdraw or amend this enforcement position before it expires if they consider it necessary. This includes where the small producer registration using the allocation method that this RPS relates to has not changed.

4. If you cannot comply with this RPS

If you operate under this RPS but think you may no longer be able to comply with its conditions, you must tell the Environment Agency immediately.

5. Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

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