Understanding EPR: The New UK Legislation

The UK is facing a waste crisis with over 220 million tons of waste produced annually. This has sparked a new wave of environmental policies, including the recently introduced Extended Producer Responsibility (EPR) legislation.

Extended Producer Responsibility measures in the UK are now being phased in to hold product manufacturers and organisations responsible for their packaging waste, from production to disposal.

In this blog post, we will explore the new UK EPR legislation, see who is obligated and look at the steps you must take to comply.

What is Extended Producer Responsibility?

Extended Producer Responsibility (EPR) is a new UK legislation that will replace the current Packaging waste Regulations with a phased implementation from the end of 2023.

EPR requires businesses to record and report information on the amount of packaging they supply, use and waste, and some larger organisations will also pay the costs associated with recycling or sending to landfill or energy recovery.

It encourages producers to design products with recyclability and end-of-life management in mind to ensure that as much packaging material as possible is recycled and that adequate funding is raised to cover the cost of collecting and recycling packaging material when it becomes waste.

When does EPR come into effect?

Obligations to report packaging data passed into law in Feb 2023, and your business should start preparing now to capture your packaging data.

Large producers must submit a report every six months.

The 2023 reporting data is required for January to June and July to December and must be submitted separately.

The first data reporting deadline has been delayed from 1st October 2023 to 31st May 2024.

Small producers submit data once per year, which should be submitted by 1st April 2024 to cover 2023 packaging.

Note: If your organisation is based in Wales, large or small, your data must be submitted by 1st April 2024.

The deadline for submitting data is 1st April 2024, but no penalties will be enforced for reports received before 31st May 2024.

Regulators have indicated that if you can submit your data by the original deadline of 1st October, or as soon as possible, it is strongly encouraged to do so.

If your organisation is required to report Nation Data, you must submit this information for the 2023 calendar year by 1st December 2024.

Proposed EPR Timeline

2022 – Regulations in place
2023 – Start collecting packaging data from 1st January. Recyclability assessments are completed, and producers start reporting their packaging data.
2024 – EPR introduced the first payments of fees dues from April 2024, based on recyclability assessment data completed in 2023.
2025 – Modulated fees become fully operational.
2026 – Mandatory labelling is introduced for packaging except for films and flexibles.
2027 – Films and flexibles to be collected by local authorities and be obligated under the labelling system.

Information about modulated fees

Originally set for October 2024, the implementation of EPR fees to local authorities has been deferred for a year and will now take place in October 2025. The government have said that it would use the extra year to discuss the scheme’s design with the supply chain and reduce costs wherever possible.

As of yet, it hasn’t been announced what the fees will be however the fees will vary depending on the materials you report.

In future, the waste management fee will also vary depending on how easily the packaging can be recycled. The fees will be lower if you use packaging that is easier to recycle.

Ultimately, the best way to prepare for EPR and the associated fees is to ensure you have a thorough understanding of the recyclable potential of the packaging you handle. Then, use the reporting data you collect this year to pre-empt costs and plan more sustainable solutions for your packaging.

Is your business obligated under EPR?

Your business has a packaging waste obligation if ALL of the following points apply:

• Its annual UK turnover exceeds £1 million, AND
• It has a physical presence in the UK, AND
• It is responsible for more than 25 tonnes of packaging and/or packaging materials in 2022.

The actions that will need to be taken depend on the size of your business as the scheme is set to impact smaller and bigger businesses differently so you will also need to check if you are classed as a large or small organisation.

You will be classed as a small organisation if your annual turnover is between £1 million and £2 million and you are responsible for supplying or importing between 25-50 tonnes of empty packaging or packaged goods in the UK. You will be classed as a large organisation if you have an annual turnover above £2 million and you are responsible for supplying or importing more than 50 tonnes of empty packaging or packaged goods in the UK.

For more information about the obligation criteria and the requirements for each size of organisation we have more in depth info here: EPR – Is your business obligated to report on packaging waste?

What do you need to do to comply with EPR reporting?

There are increased reporting requirements for producers under the new EPR regulations.

Organisations will now have to collect and provide detailed reporting on the packaging they produce and how the waste will be managed.

If you are obligated for EPR, you need to start to record your data on the quantity of packaging by weight from Jan 2023.  

What data will you need to collect?

The packaging data submission must include the following information about the:

• Packaging activity – this is how you supplied the packaging.
• Packaging type – the type of waste the packaging will become at the end of life, e.g., if the packaging is household or non-household waste.
• Packaging class – whether the packaging is primary, secondary, shipments or tertiary.
• Packaging Material and weight

For the first year, companies will have to report on aluminium, steel, glass, wood, plastic, paper, cardboard, fibre-based composites and other materials like industrially biodegradable packaging.

How PackTotal software can help

Reporting under two waste management schemes and navigating the new EPR regulations can feel a bit overwhelming and an administrative burden. PackTotal software is designed to make your EPR responsibilities easier for you.

Installing our innovative packaging data management software enables you to gather, manage, and view all the key packaging information, such as sustainability and material specifications data for every component of your product’s packaging.

With PackTotal’s Extended Producer Responsibility system, you will have the capability to collate your packaging information so that you can produce EPR submission files which meet HMRC specifications, thus fulfilling your EPR obligations and facilitating quick and easy data submissions to DEFRA or third parties.

We have created an alternative method for businesses looking for help to manage their business information in-house and create packaging data reports with added security.

If you would like to discuss your requirements, request more information, or arrange a demo please contact us, we will be more than happy to help.

For the HMRC’s official guidance on the Extended Producer Responsibility regulation, visit www.gov.uk/guidance/packaging-waste-prepare-for-extended-producer-responsibility