Extended Producer Responsibility for Packaging (pEPR) Draft Regulations published
On 1st of May 2024, 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). 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, these changes include;
- The introduction of recycling targets for 2025-2030. These targets can be viewed here in the SI.
- Introducing a provision which ensures that if a Deposit Return Scheme (DRS) has not been established by 1st January 2028, producers of drinks containers made of PET plastic, aluminium and steel will be subject to the full range of Extended Producer Responsibility for packaging (pEPR) obligations until a DRS is operational for this material. This provision can be viewed here in the SI. Read our news story on the delay of DRSs across the UK to October 2027 here.
- The removal of provisions on binned waste and litter payments which will now be delivered through a separate regulation.
- The Scheme Administrator (SA) must now provide guidance on the methodology used and factors considered in assessing net efficient disposal costs and effectiveness. The provision to provide guidance can be viewed here in the SI.
- Revising the household packaging definition to widen the criteria which allows packaging to become exempt from being classified as household packaging, and therefore exempt from disposal cost fees. This definition mirrors the definitions in the relevant data reporting regulations in each nation. The definition of household packaging can be viewed here in the SI. You can view guidance on this definition from the regulators on page 15 of the pEPR Agreed Positions and Technical Interpretations version 4.
- Some amendments to the labelling obligations, with this obligation coming into effect on 1st of April 2027 for all primary and shipment packaging. You can view the labelling obligations here in the SI.
What’s next
We are fast approaching the final deadline for large organisations to report 2023 placed on market packaging data during the remainder of 31st of May 2024 is the deadline to report this data to avoid enforcement action being taken. We require your data ahead of this deadline if you are members of our compliance scheme, so we can verify it and report to the regulators on your behalf. Please contact our team should you have any questions or issues with this on packaging@beyond.ly
Following on from this, producers are required to report their 2024 placed on market packaging data in two halves, January – June 2024 data for the 1st October 2024 deadline, and July – December 2024 data for the 1st April 2025 deadline. Please note that if you are members of Beyondly’s compliance scheme, we will require the data ahead of these deadlines to verify it and report to the regulators on your behalf. The amount of packaging placed on UK market within this data will be used to determine the first set of disposal fees, invoiced in 2025, which will be used to pay local authorities for the collection and sorting of household packaging waste.
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.
Fee modulation – means the increase of fees to incentivise producers to make more sustainable decisions when designing or purchasing packaging.
Within this release, Defra intend to publish a set of 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.
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
Summary
The notification and publication of the Regulations is a significant milestone, providing further clarity and assurance across the industry and four nations on the obligations stakeholders will have from 1st of January 2025 onwards, as we collectively work to implement packaging EPR successfully.
Emma Wilkinson, Regulatory Affairs Leader at Beyondly and Chair of the Packaging Scheme Forum, commented:
“We are very pleased to see the Regulations go to notification and into the public realm, after responding to various consultations, engaging with Defra and the Regulators over the years to shape the system, and working with our members to prepare them for the reform of the packaging regulations and meet their obligations of the transitional Data Reporting regulations.
We are eager to receive the publication of the illustrative disposal fee figures to assist our members with budgeting and preparations for 2025, and to continue to shape the system by responding to the Call for Evidence on disposal fee modulation, which is undoubtedly a very important element for our members.
Beyondly are there for our members every step of the way during this reform, so if you have any questions or would like to share any thoughts with us, please approach our team on packaging@beyond.ly”
At Beyondly, we work with our members to go beyond the basic expectations of packaging EPR, looking to not only achieve compliance, but support producers embrace the legislation into their business and optimise their resources to reduce costs, aligning with the driving force behind EPR, a Circular Economy.
