The regulations surrounding Extended Producer Responsibility (EPR) are already in effect in many European countries. In this short series, we focus on regulations outside of Germany. The United Kingdom stands out as a particular case in this context. The initial concepts and discussions around EPR for plastic packaging began while the country was still a member of the EU. As a result, many provisions are similar to those of the EU, though not all of them align.

On 28 February 2023, “The Packaging Waste (Data Reporting) (England) Regulations 2023” came into force. This regulation requires companies that manufacture, use, or sell packaged products to collect and report data on the quantity and type of packaging they place on the UK market. This data is used to calculate the fees businesses must pay to cover the costs of collecting and recycling this packaging as part of the EPR for packaging system launched in 2024. Further information on the systems can be found here.

The National Packaging Waste Database currently lists 40 recycling systems that have successfully registered. Under EPR for packaging, producers of products and packaging materials, as well as those placing packaged products on the market, are required to take responsibility for the environmental impacts of the packaging they supply. This includes covering the costs of collecting and disposing of empty packaging once it becomes waste. This measure is designed to create a financial incentive for businesses to reduce the amount of packaging they use and to improve the recyclability of their packaging.

The “Packaging (Producer Responsibility Obligations) Regulations 2023,” which outline the provisions for the introduction of EPR, came into effect in December 2023.

The provisions within “The Packaging Waste (Data Reporting) (England) Regulations 2023” required manufacturers in the UK to start collecting and reporting their packaging data from March 2023 (or from January if they already had the data). This data is essential for calculating the EPR fees manufacturers will be required to pay, making it critical for the full implementation of EPR.

Who is required to report?

Businesses with an annual turnover exceeding £1 million or those responsible for more than 25 tonnes of packaging are subject to these regulations. Their obligations include collecting and reporting packaging data, paying waste management fees, obtaining recycling evidence (Packaging Recovery Notes [PRNs] or Packaging Export Recovery Notes [PERNs] for packaging materials exported abroad for recycling), and potentially paying fees to regulatory bodies. Packaging data reporting is done through the “Report Packaging Data” (RPD) portal. Although the collection of EPR fees has been postponed until 2025, companies must still follow the guidelines and submit their data for 2023. Further details on packaging definitions, affected activities, and specific requirements can be found on the UK government website.

Initial fees were expected to commence in October 2024 but will now be collected from October 2025, with final fee amounts yet to be determined. In mid-August 2024, the Department for Agriculture, Environment and Rural Affairs (DAERA) published estimated base fees for businesses for 2025/2026, with plastic packaging costs ranging between £355, £515, and £610 per tonne. According to DAERA, more precise base fee figures are expected to be released in September 2024.

In the future, EPR fees will also depend on how easily the packaging can be recycled. Fees will be lower if manufacturers use packaging that is easier to recycle.

Deadlines

Large companies are required to report semi-annually, while smaller businesses below the mentioned thresholds must collect data for 2023 but are not obligated to report. Data for 2024, however, must be collected and submitted by April 2025 via the UK government’s portal. Specific deadlines may vary depending on the part of the UK, with special provisions for England.

The UK government’s guidance, “Extended producer responsibility for packaging: who is affected and what to do,” provides essential assistance to businesses, helping them determine whether they fall under the regulations and what steps to take.

Further information:
Claudia Hoese
Customer Relationship Manager, RIGK GmbH
Phone: +49 611 308600-12
hoese(at)rigk.de