The UK government is introducing new extended producer responsibility (EPR) for packaging regulations for UK organisations who supply or import packaging into the UK. The requirements under these regulations are being phased in from 2024 onwards.
To support members with the implementation of the new requirements, and to keep members up to date with the latest announcements, we will publishing a monthly member update. This will provide updates on:
- Regulations and governance
- Data reporting
- Guidance and engagement
- Recyclability labelling
- Disposal fees
With the support of our environmental partners Beyondly, we will keep the BTHA packaging EPR member guidance up to date in line with any changes. Members can view and download the BTHA guidance.
Regulations and Governance
The Main pEPR Regulations:
The Draft Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (commonly referred to as the ‘Main pEPR Regulations’) were notified to the European Union (EU) and World Trade Organisation (WTO) on the 1stof May 2024. This means they were sent to these organisations for review and approval. This follows major amendments to the Statutory Instrument (SI) (the document containing the legislation) following the consultation held on a draft form in 2023.
This notification must take place to the EU in respect of Northern Ireland under the Windsor Framework and the labelling requirements have been notified to the WTO to meet the UK’s obligations as a member state. This is in in preparation for bringing the legislation before UK Parliament later this year, with the aim of it coming into force across the UK for the 1st of January 2025.
Several changes have been made to the draft legislation, based on stakeholder feedback to the 2023 consultation, including:
- Some amendments to the labelling obligations, with this obligation coming into effect on 1stof April 2027 for all primary and shipment packaging. You can view the labelling obligations here in the SI.
Following the notification period with the EU and the WTO, these Regulations will be laid before the UK Parliament in Autumn 2024 and will be brought into force for 1st of January 2025.
Data Reporting
A reminder that the last 2023 packaging data reporting deadline was:
31st May 2024: 2023 Half 1 and Half 2 POM data submission deadline. Both submissions could be completed and submitted up to the 31st May 2024 without enforcement action take from the Regulators (the Environment Agencies). Large producers who fail to report data are at risk of enforcement action.
Defra has published a list of large producers that have submitted their data. This list is updated weekly.
Reporting 2024 placed on market data:
Following the 31st May 2024 reporting deadline, producers must begin collecting January – June 2024 placed on market data and preparing it for the next round of pEPR submissions, for the Regulator deadline of 1st October 2024. Please note if you use a compliance scheme, they will ask for the data ahead of this deadline so they can verify it and report to the regulator on their behalf.
Guidance and Engagement
BTHA have updated the large and small organisation pEPR guides, in line with recent updates and 2024 reporting requirements. Please find the updated guides here.
The Business Readiness Forum run by Defra has been temporarily paused due to the upcoming general election on 4th of July 2024. The pre-election period started on 25th May 2024. The pre-election period of sensitivity occurs in the weeks leading up to an election. It is a time when governments, ministers and civil servants will exercise caution in making announcements or decisions that might have an effect on the election campaign. The Business Readiness Forum will be rescheduled for mid-July time following the election. The aims of the BRF’s are to increase producer awareness of the pEPR reform and their obligations within them.
A write up of the May 2024 Business Readiness Forum has not been circulated by Defra yet. You can find a write up of the April 2024 Business Readiness Forum here.
Subscribe to Defra’s Resource & Waste newsletter, in which they notify us of any engagements with industry or updates on the Packaging & Collections reforms.
Recyclability Labelling
A reminder that BTHA’s recyclability labelling guidance document was updated with the change of the deadline to the 1st of April 2027. Please find the document here.
With The Draft Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 publicised on 1st of May 2024, we can now view the labelling obligations here in the SI.
Defra are planning to publish draft labelling guidance for stakeholder feedback. We expect this will be published after the election, from mid-July 2024 onwards.
Disposal fees
Illustrative disposal fee rates for the first year of fees (2025 fees, based on 2024 packaging placed on market), have still not been published. However, we do have an update on fees:
To further prepare businesses for the implementation of packaging EPR, the four UK administrations, intend to release a Call for Evidence (a type of consultation) to support finalising their approach to the modulation of disposal fees.
Within this release, Defra intend to publish their illustrative disposal fee figures for the first year of fees (2025 fees, based on 2024 packaging placed on market), giving producers their first indication of the costs they could incur based on the packaging supplied to the UK market during 2024.
The Call for Evidence and illustrative disposal fee figures were expected to be published in May 2024, however now we are in the pre-election period, this cannot be announced by Defra. We expect this will be published after the election, from mid-July 2024 onwards.
If members have any questions on the new requirements, please get in contact with kerri@btha.co.uk
