UK Statutory Instrument 2015 United Kingdom

Packaging (Essential Requirements) Regulations 2015

What this means for your business

4 obligations
3 penalties
2 guides
Applies to
United Kingdom
On this page
4 compliance obligations, 2 practical guides
Read full text on legislation.gov.uk

What you must do

4 compliance obligations under this legislation.

Offences and prohibitions 3

Be held liable for another's packaging offence

Unlimited fine

If an offence under regulation 8 of the Packaging (Essential Requirements) Regulations 2015 occurs because of something another person did or failed to do in the course of their business, that person (for example a director, manager or other officer) can be prosecuted as well. The liability applies even if the primary offender is also charged, meaning senior staff can face the same fines or imprisonment as the company itself.

Director/Officer s.11

Fail to meet packaging essential requirements

Unlimited fine

If you place packaging on the market that does not meet the essential requirements set out in regulation 4 or 5, or you do not keep the required technical documentation under regulation 6, you commit a criminal offence unless you can rely on a defence under regulation 10. Conviction can lead to penalties such as fines or imprisonment as specified in the Regulations.

Any Person s.8

Fail to meet packaging essential requirements (reg 8a)

Unlimited fine

If your business does not comply with the requirements set out in regulation 8(a) of the Packaging (Essential Requirements) Regulations 2015, you commit a criminal offence. On conviction you can be fined – an unlimited fine on summary conviction in England & Wales, or up to a level‑5 standard‑scale fine (unlimited) in Scotland or Northern Ireland, and on indictment in Scotland or Northern Ireland the fine can be unlimited. No prison term is prescribed.

Any Person s.9

Reporting and filing 1

Provide and retain packaging technical documentation and reports

When you place packaging on the market you must be ready to show the technical files that prove the packaging meets the essential requirements. If an enforcement authority asks, you have to send those files (or the annual conformity declaration) within 28 days, and you must keep the technical documentation for four years after the packaging is first sold.

Trader/Business Schedule 6 when an enforcement authority requests information or when you place packaging on …

Penalties for non-compliance

3 penalties under this legislation. 3 carry an unlimited fine.

Unlimited fine

Be held liable for another's packaging offence

Unlimited fine

Either way s.11 Penalises: Be held liable for another's packaging offence
Unlimited fine

Fail to meet packaging essential requirements

Unlimited fine

Either way s.8 Penalises: Fail to meet packaging essential requirements
Unlimited fine

Fail to meet packaging essential requirements (reg 8a)

Unlimited fine

Either way s.9 Penalises: Fail to meet packaging essential requirements (reg 8a)

Practical guidance

Our guides explain how to comply with the requirements above.

Packaging Producer Responsibility

Register for EPR, report packaging data, and meet recycling obligations through PRN/PERN purchases or compliance schemes.

Packaging Design Requirements

Meet essential requirements and labelling standards for packaging.

Sections and provisions

18 classified provisions from this legislation.

3 Duties 3 Offences and penalties 4 Definitions 1 Exemptions

Duties 3

  • Schedule 6 Requirement for technical documentation
  • s.7 Enforcement authority
  • s.12 Review

Offences and penalties 3

  • s.8 Offences
  • s.9 Penalties
  • s.11 Liability of persons other than the principal offender

Definitions 4

  • Schedule 1 (Annex II of the Directive ) oxo-degradable plastic packaging
  • s.2 Interpretation the Directive the 1987 Act the Commission
  • s.3 Packaging packaging
  • Qualifying Northern Ireland Goods Qualifying Northern Ireland Goods in conformity with these Regulations qualifying Northern Ireland goods

Exemptions 1

  • s.10 Defence of due diligence