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.
*New updates have been added in bold text under ‘Regulations and Governance’ and ‘Data Reporting’.
Regulations and Governance
The Main pEPR Regulations:
The Main pEPR Regulations which will repeal the Data Reporting Regulations (as amended) and The Producer Responsibility Obligations (Packaging Waste) Regulations 2007, have been refined following the 2023 draft Regulations consultation and are currently undergoing various legal checks.
Defra published the draft Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 on 1 May 2024. These were sent to the EU in respect of Northern Ireland under the Windsor Framework, and the labelling requirements were notified to the World Trade Organisation (WTO).
The notification period is 3-months, following which UK Government plan to lay the Regulations in Parliament before the end of 2024 so they are in force from 1 January 2025, for the 2025 compliance year onwards.
The full draft Regulations are available for stakeholders to view here.
Data Reporting
A reminder of the last 2023 packaging data reporting deadline:
31st May 2024: Extension of the 2023 Half 1 and Half 2 POM data submission deadlines, you can complete both submissions up to the 31st May 2024 without enforcement action take from the Regulators (the Environment Agencies). The Regulators still encourage producers to submit their pEPR POM data as soon as possible leading up to this deadline.
Nation data reporting update:
Large and small organisations are obligated to collect 2023 nation data, but there is no obligation to report this data to the regulator. Large organisations are obligated to retain records of 2023 nation data for at least 7 years.
Large and small organisations are obligated to collect and report 2024 nation data, with the first deadline now the 1stDecember 2025. The reporting deadline was previously in line with one of the placed on market reporting deadlines (1stApril 2025), but this has been changed to give producers more time to collect and report.
As a reminder nation data is a new reporting obligation. If a producer carries out any of the five nation-data activities (importing, supplied as empty to below threshold, supplied as an online marketplace, hired or loaned, supplied to UK consumer), they have an obligation for nation data reporting.
If obligated, the UK nation in which the producer carries out any of the five activities, should be reported on (England, Wales, Northern Ireland, or Scotland) alongside the other reporting categories.
Nation data reporting has been introduced to facilitate the tracking of progress to meet packaging waste recycling targets in each UK nation.
The UK government has publicised a list of companies that have reported packaging data. This list is public so available to anyone to view. The list includes companies who have reported data up until 16 April 2024. This is expected to be updated weekly. You can view the list and how it is intended to be used here.
Guidance and Engagement
The next Business Readiness Forum run by Defra is scheduled for the 14th May 2024 at 10am – 11:30am. You can registerhere. The aims of the BRF’s are to increase producer awareness of the pEPR reform and their obligations within them.
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
The deadlines for recyclability labelling are now synchronous – all primary and shipment packaging (including films and flexibles) must be labelled by 1st April 2027. This was announced in the April 2024 Business Readiness Forum, you can find a write up of the labelling section of this session here.
Please find the updated BTHA – recyclability labelling under pEPR FAQ document here.
Disposal fees
No update this month on disposal fees, other than the illustrative fees are still undergoing clearance at Defra’s side.
If members have any questions on the new requirements, please get in contact with kerri@btha.co.uk
