New sustainability regulations have changed the way that UK businesses carry out their recycling responsibilities around packaging.

Extended Producer Responsibility (EPR) packaging rules mean that businesses may need to report packaging data, and meet recycling responsibilities, with fees to be added from 2025.

From 2025, you may need to do the following, based on your 2024 data: 

·      pay a waste management fee  

·      pay scheme administrator costs  

·      pay a registration charge to the environmental regulator  

·      get PRNs or PERNs to meet your recycling obligations  

·      report data about packaging you supplied or imported – this includes packaging around raw materials (1)

Changes to EPR rules are part of a range of new legislation being introduced, some of which has already come into force in 2023, with other changes being phased in over the next few years. EPR is an update of existing UK Packaging Waste Regulations, with the two systems running together for data reporting. (2)

Recycling rules

Businesses covered will need to report on the packaging sent for recycling, by material categories.

Producers need to record data on the packaging they supply or import, including the weight and type of packaging. Large producers must also collect information on the packaging waste they have collected and sent for recycling. 

A large organisation is one that has an annual turnover of £2 million or more  and/or is you’re responsible for supplying or importing more than 50 tonnes of packaging in the UK.  A small organisation is one with an annual turnover between £1 million and £2 million and which is responsible for supplying or importing more than 25 tonnes of packaging in the UK. (3)

Large producers must report packaging data to the Environment Agency (EA) twice a year and all producers will pay a waste management fee, scheme administrator costs, and a charge to the environmental regulator. 

Producers need to have packaging waste recycling notes (PRNs) or packaging waste export recycling notes (PERNs) to meet recycling obligations. They can join an official compliance scheme or register with the National Packaging Waste Database. 

A PRN (packaging waste recycling note) or PERN (packaging waste export recycling note) provides evidence that packaging waste has been recycled.  PRNs and PERNs also show that businesses are working towards meeting recycling obligations.  Recycling obligations will apply from 2025 onwards based on 2024 data. 

To ensure supply chain transparency, businesses also need to track packaging across all stages – with separate guidance for existing producer responsibility regulations. Businesses may need to meet both sets of regulations. (4)

Fees

Your waste management fee will initially be calculated based on packaging you’ve reported as ‘household packaging’ - any primary or shipment packaging supplied to a business or public institution that then supplies it to someone else. This includes packaging that is binned, or supplied to a wholesaler who then supplies it to the end-consumer. (5)

EPR for packaging fees have been deferred for a year. But businesses need to follow guidance and report packaging data for 2023, with fees due in 2025 based on 2024 data. Businesses should also continue to pay any fees due under previous regulations. 

Packaging definition   

Packaging is any material that is used to cover or protect goods that are supplied. It makes handling and delivering goods easier and safer. It includes anything that’s designed to be filled at the point of sale, such as a coffee cup. 

Packaging also makes goods look appealing for sale and may display a company’s logo or brand. ‘Goods’ could include raw materials or manufactured items.  There are detailed illustrations and examples in the ‘agreed positions and technical interpretations’ guidance, produced by the environmental regulators. (6)

Packaging activities   

EPR covers business activities such as:

·      supplying packaged goods to the UK market under own brand   

·      placing goods into packaging 

·      importing products in packaging   

·      owning an online marketplace   

·      hiring or loaning out reusable packaging   

·      supplying empty packaging   

Companies that supply packaged goods to end users in the UK may need to collect ‘nation data’, and should check whether this is necessary. (7)

Deadlines

Large organisations: In England, Scotland and Northern Ireland first reporting was set for 1 October 2023, for January to June 2023 and 1 April 2024 to report for July to December 2023; 1 October 2024 to report for January to June 2024 and 1 April 2025 to report for July to December 2024.

Small organisations should have collected their 2023 packaging data but they do not have to report it. They should collect their 2024 data and submit it by 1 April 2025. 

In Wales, businesses should have submitted data for July to December 2023 by 1 April 2024.

Bibliography

1 ‘Extended producer responsibility for packaging: who is affected and what to do’ (Accessed November 2024) https://www.gov.uk/guidance/extended-producer-responsibility-for-packaging-who-is-affected-and-what-to-do (© Crown copyright. OGL)

2 ‘Packaging waste: producer responsibilities’ (Accessed November 2024) https://www.gov.uk/guidance/packaging-producer-responsibilities (© Crown copyright. OGL)

3 Extended producer responsibility for packaging: who is affected and what to do’ (Accessed November 2024) https://www.gov.uk/guidance/extended-producer-responsibility-for-packaging-who-is-affected-and-what-to-do (© Crown copyright. OGL)

4 Extended producer responsibility for packaging: who is affected and what to do’ (Accessed November 2024) https://www.gov.uk/guidance/extended-producer-responsibility-for-packaging-who-is-affected-and-what-to-do#:~:text=small%20organisation'%20section.-,What%20you%20may%20need%20to%20do,this%20is%20called%20'nation%20data'(© Crown copyright. OGL)

5 ‘Packaging data: what to collect for extended producer responsibility’ (Accessed November 2024) https://www.gov.uk/guidance/how-to-collect-your-packaging-data-for-extended-producer-responsibility#household-and-non-household-packaging (© Crown copyright. OGL)

6 Extended producer responsibility for packaging: who is affected and what to do’ (Accessed November 2024) https://www.gov.uk/guidance/extended-producer-responsibility-for-packaging-who-is-affected-and-what-to-do (© Crown copyright. OGL)

7 Extended producer responsibility for packaging: who is affected and what to do’ (Accessed November 2024) https://www.gov.uk/guidance/extended-producer-responsibility-for-packaging-who-is-affected-and-what-to-do (© Crown copyright. OGL)