Packaging EPR: new guidance and regulations published
23rd May 2023
As we have previously reported, the way that UK businesses carry out their recycling responsibilities is changing. From 1 January 2023, all businesses that handle and supply packaging must comply with the new extended producer responsibility (EPR) data recording and reporting requirements.
On 20 April 2023, the draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 (the Amending Regulations) were laid before Parliament for approval together with an accompanying draft explanatory memorandum. The Amending Regulations amend the Packaging Waste (Data Reporting) (England) Regulations 2023 (the Data Reporting Regulations), which came into force on 28 February 2023.
The Data Reporting Regulations require producers of packaging to collect and report data on the amount and type of packaging that they place on the market. This data is required to calculate the fees that these producers will be required to pay from 2024 to cover the cost of managing this packaging as part of the packaging EPR scheme. According to the explanatory memorandum, the amendments included in these Amending Regulations are required to ensure that packaging producers submit all the information required for calculating their 2024 obligations, to ensure that all relevant packaging is included, and to remove some loopholes.
The packaging EPR is a UK-wide policy, but the Amending Regulations and Data Reporting Regulations apply to England only. The devolved administrations are making similar regulations.
In addition to publication of the Amending Regulations, the Department for Environment, Food & Rural Affairs has recently published guidance on collecting and reporting national data on packaging. The guidance applies to organisations that supply packaging to consumers and businesses within the UK. You can read the guidance here.
How we can help
If your business is caught by the packaging EPR scheme, you should already be recording and reporting the required data. If you need advice, our Regulatory and Compliance Team can help you navigate the new rules. The team has a great deal of experience advising the Food and Drink sector on how to keep up to date with an evolving regulatory landscape.
