GovWire

Guidance: Packaging waste: prepare for extended producer responsibility

Environment Agency

October 6
15:57 2022

The way UK organisations responsible for packaging must carry out their recycling responsibilities is changing.

If youre affected by the new extended producer responsibility (EPR) for packaging, you will need to collect the correct packaging data from 1 January 2023.

Check if you need to take action

The regulations will apply to all UK organisations that handle and supply packaging to consumers and to businesses.

You must take action to comply if all the following apply:

  • youre an individual business, subsidiary or group (but not a charity)

  • you have an annual turnover of 1 million or more (based on your most recent annual accounts)

  • youre responsible for over 25 tonnes of packaging in a calendar year (January to December)

  • you carry out any of the packaging activities

Packaging activities

You may need to act if you do any of the following:

  • supply packaged goods to the UK market under your own brand

  • package goods for another UK organisation

  • use transit packaging to protect goods during transport so they can be sold to UK consumers

  • import products in packaging

  • own an online marketplace

  • hire or loan out reusable packaging

  • sell empty packaging

Supplying goods to the UK market under your own brand

Your organisation may need to take action under EPR for packaging if it sells packaged goods labelled with its own brand. A brand includes any of the following:

  • a logo

  • a trademark

  • any distinctive mark

For example, a confectionery company produces packaged sweets under their own brand. It sells these sweets to a supermarket. The supermarket goes on to sell the sweets to UK consumers. In this instance, the confectionery company may need to take action.

However, the confectionery company would not need to take action if it sold sweets to a supermarket, which then sold them under its own brand. In this instance, the supermarket may need to take action.

You may also need to take action if you pay another company to carry out part of the supply chain for you.

For example, you may pay another organisation to do any of the following:

  • produce goods that will be sold under your brand name

  • pack goods that will be sold under your brand name

  • place your branded goods on the UK market

Packaging goods for another organisation

If you place goods into unbranded packaging for another UK organisation, you may need to take action.

Importing products in packaging

You may need to take action if your organisation imports products from outside the UK that are in primary, secondary, or shipment packaging and goes on to supply these products to the UK market.

You may need to take action even if you discard packaging before selling the goods.

Owning an online marketplace

An online marketplace is a website that has been set up to allow non-UK organisations to sell their goods online. If you own an online marketplace, you may need to take action.

If your organisation owns a website that sells goods from UK organisations only, this is not classed as an online marketplace.

Hiring or loaning out reusable packaging

If you hire or loan out reusable packaging, you may need to take action.

For example, some organisations hire or loan out wooden pallets to other organisations for transporting goods. The wooden pallets are returned after use and loaned out again.

Selling empty packaging

You may need to take action if you make and then sell empty packaging to businesses that fall under the higher threshold for EPR for packaging.

This includes organisations that:

  • have an annual turnover of less than 2 million a year

  • handle or supply less than 50 tonnes of packaging a year

Packaging definition

Packaging is any material that is used to cover or protect goods that are sold to consumers. It makes handling and delivering goods easier and safer. It includes anything thats designed to be filled at the point of sale, such as a coffee cup.

Packaging also makes goods look appealing and it may display a companys logo or brand. Goods could include raw materials or processed items.

What you may need to do

Under the new regulations, you may need to:

  • collect and submit data on the packaging you handle and supply

  • pay a waste management fee

  • buy packaging waste recycling notes (PRNs) or packaging waste export recycling notes (PERNs) to meet your recycling obligations

  • submit information about where your packaging has been sold, hired, loaned, gifted or discarded this is called nation data

What you need to do depends on whether youre classed as a small or large organisation. This is based on:

  • your annual turnover

  • how much packaging you handle and supply each year

Check if youre a large or small organisation

You will be classed as a small organisation if either of the following apply:

  • your annual turnover is between 1 million and 2 million and youre responsible for handling and supplying more than 25 tonnes of empty packaging or packaged goods through the UK market

  • your annual turnover is over 1 million and youre responsible for handling and supplying between 25 tonnes and 50 tonnes of empty packaging or packaged goods through the UK market

You will be classed as a large organisation if both of the following apply:

  • you have an annual turnover of 2 million or more

  • youre responsible for handling and supplying more than 50 tonnes of empty packaging or packaged goods in the UK

You should base your annual turnover on your most recent annual accounts.

Your total weight is the amount of packaging handled or supplied through the UK market in a calendar year (January to December).

If youre a small organisation

To comply with the regulations, you must:

  • take steps to record data about all the empty packaging and packaged goods you handle and supply through the UK market from 1 January 2023

  • register for the EPR for packaging online service (registration opens for small organisations in 2024)

  • pay an annual fee to the environmental regulator from 2024

  • submit data about empty packaging and packaged goods you handled or supplied through the UK market throughout 2023

Youll need to submit your data between 1 January 2024 and 1 April 2024.

If you miss the deadline, you may need to pay a penalty charge.

You may also need to submit nation data.

If youre a large organisation

To comply with the regulations, you must:

  • take steps to record data about the empty packaging and packaged goods you handle and supply in the UK from 1 January 2023

  • register for the EPR for packaging online service from April 2023

  • pay a fee to the environmental regulator

  • buy PRNs or PERNs to meet your recycling obligations

  • submit data about empty packaging and packaged goods you handled or supplied through the UK market

Youll need to submit data every 6 months.

For the period January to June 2023, submit data between 1 July 2023 and 1 October 2023.

For the period July to December 2023, submit data between 1 January 2024 and 1 April 2024.

If you miss the deadline, you may need to pay a penalty charge.

For any packaging you handle and supply that is collected by local authorities from households or street bins, from April 2024 you must pay the scheme administrator:

  • an administrative fee

  • a waste management fee

You may also need to submit nation data.

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