Jurisdiction: England

Commencement: 1^st April 2024

Amends: The Packaging Waste (Data Reporting) (England) Regulations 2023
Mini Summary

Duties
Various duties apply.

Jurisdiction: Scotland

Commencement: 1^st April 2024

Amends: The Packaging Waste (Data Reporting) (Scotland) Regulations 2023
Mini Summary

Various duties apply.

A number of changes that aim to improve the quantity and quality of waste data, especially packaging data, obtained from materials facilities* (MFs), will come into force from 1st October 2024. This data will be used in the implementation of the Extended Producer Responsibility for Packaging (pEPR) scheme, to ensure packaging producers pay the cost of managing the packaging they place on the market.

*Materials facility refers to a site that receives waste material and separates it or consolidates it.
Legislative context
Part 2 of Schedule 9 to The Environmental Permitting (England and Wales) Regulations 2016 was amended by The Environmental Permitting (England and Wales) (Amendment) Regulations 2023. The changes aim to improve the quantity and quality of waste data, especially packaging data, obtained from MFs. Also, more MFs are brought into the scope.
Backround
MFs that received and separated mixed waste* were required to collect and report data on the material arriving and leaving the site. MFs likely to receive 1,000 tonnes of mixed waste in a year were required to sample at least 60kg for every 125 tonnes of mixed waste received at the facility from each supplier. Those MFs were also required to sample and report against fewer categories of input and output waste material** and report average data.

*Mixed waste means waste material** of 2 or more types.

**Waste material means household waste or waste of similar type or composition, which contains glass, metal, paper, card, plastic, or fibre-based composite material, and which has been separately collected for re-use or recycling.
What is changing from 1st October 2024
Extended scope
From 1 October 2024, more materials facilities will need to sample and report their waste. This includes MFs managing source segregated or single waste streams, bulking stations, and waste transfer stations.

MF operators affected for the first time in October 2024 must notify the regulator in writing if they receive 1,000 tonnes or more of any waste material.

Exemptions 

The changes will not apply to MFs that:

• only handle waste electrical goods;
• only receive and consolidate waste from one supplier; or
• are provided by councils for the recycling and disposal of household waste.

Sampling
Input sampling  

Waste material received from each supplier (input material) must be identified within a sample as 1 of the following material types: glass, aluminium, steel, paper, card, plastic bottles, plastic pots, tubs and trays, film or other flexible plastic, other plastic, fibre-based composite material*.

*Fibre-based composite material means packaging material made of paperboard or paper fibres, laminated with plastic.

MF operators must take a sample (input sample) for every 75 tonnes of waste material they receive from a supplier. The average weight per sample must be 60 kg or more and each individual sample must weigh at least 55 kg.

Output sampling

MFs that sort packaging waste must grade specified output materials and record this for the following: glass, paper, card, aluminium, steel, plastic, and fibre-based composite.

Packaging materials

The proportion of packaging and drinks containers (except glass) that are part of the deposit return scheme (DRS) must be measured and recorded during input and output sampling.

N.B. Sampling of glass packaging only needs to be done when requested by the regulator, which must notify the MF at least 4 weeks in advance.
Recording and reporting
MFs must now report raw data rather than averages and keep data recorded after 1st October 2024 for 7 years.

Detailed guidance on the changes to waste sampling and reporting requirements for MFs can be found here.

Jurisdiction: Scotland

Commencement: 1^st January 2024

Amends: The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
Mini Summary

Duties
Various duties apply.

Packaging Waste (Data Reporting) (England) Regulations 2023
Producers of packaging are required to collect and report data on the amount and type of packaging that they place on the market in England from March 2023 (or January 2023 if they have this data). 

A producer means an organisation operating in the UK as: 

• a brand owner; 
• a packer / filler; 
• an importer; 
• a distributor; 
• an online marketplace operator; 
• a service provider; or 
• a seller. 

Packaging is any material that is used to cover or protect goods that are sold to consumers and includes anything that is designed to be filled at the point of sale, e.g. paper coffee cups. 
The new regulatory position statement 
A new regulatory position statement (RPS) has been issued regarding Packaging Waste (Data Reporting) (England) Regulations 2023 (the Data Regulations).

Organisations are now allowed to submit both packaging data reports by 31st May 2024 without the threat of enforcement action being taken. This extends the previous deadlines of 1st October 2023 for the first report and 1st April 2024 for the second report. 

Although the dates of enforcement have been extended, organisations are still required to record and report the data starting from 1st March 2023 (or January 2023 if they have it).

Records of this must be kept for two years to show compliance with the RPS. 

The decision to extend the deadline follows the Government’s decision to delay the payment regime under the EPR Regulations until October 2025, instead of October 2024. 

It’s advised that companies take this time to collect the data and ensure that it is accurate.

• To view the RPS on the Government website click here.
• To view the list of RPSs for England on the Legislation Update Service, click here. 

Jurisdiction: England

Commencement: 30^th June 2023

Amends: The Packaging Waste (Data Reporting) (England) Regulations 2023
Mini Summary

Jurisdiction: United Kingdom

Commencement: 1^st July 2023

Amends: The Plastic Packaging Tax (General) Regulations 2022
Mini Summary

A ban on single use plastics is due to come into force from October 2023. Following on from bans such as the 2018 ban on microbeads and the 2020 ban on single use plastic straws, this draft legislation under the title “The Environmental Protection (Plastic Plates etc. and Polystyrene Containers etc.) (England) Regulations 2023” aims to continue to minimise environmental plastic pollution.

This ban comes as a follow up from a consultation that ran through from November 2021 to February 2022 with 95% of the responses in favour of the ban. The summary of responses has been published and can be viewed here.

The ban will make it an offense to supply the following:

• Single use plastic cutlery.
• Single use plastic plates.
• Single use plastic balloon sticks.
• Single use foamed, extruded polystyrene food containers.
• Single use foamed, extruded polystyrene drinks containers, including cups.
• Single use plastic is defined in the draft legislation as “made wholly or partly from plastic not designed or intended to be reused”.

The current state of the legislation clarifies that this legislation only applies to food and drinks containers, or packaging of items intended for immediate consumption without further preparations. It does not apply to items such as meat packaging or pre-packaged shelf ready items.

The ban is also likely to include packaging made from recycled or biodegradable plastics if they fall under the “single use” definitions.

People or businesses caught supplying these items after the ban has come into force will face a fine. Failure to comply with a compliance notice could result in criminal proceedings being initiated.

The aim of the ban is to try and encourage businesses to develop more sustainable alternatives and to try and reach the goal of eliminating all avoidable plastic waste by 2042.

A copy of the draft legislation can be found here. 

Jurisdiction: Scotland

Commencement: 28^th February 2023

Amends: New Legislation
Mini Summary

Duties
Producer obligations
The obligations imposed by these Regulations vary depending on whether the producer is classed as a small or large producer.

An organisation will be classed as a small producer if either:

• its annual turnover is between £1 million and £2 million, and it is responsible for handling and supply more than 25 tonnes of empty packaging or packaged goods through the UK market; or
• its annual turnover is over £1 million, and it is responsible for handling and supplying between 25 and 50 tonnes of empty packaging or packaged goods through the UK market.

An organisation will be classed as a large producer if both:

• its annual turnover is £2 million or more; and
• it is responsible for handling and supplying more than 50 tonnes of empty packaging or packaged goods in the UK in a calendar year (January to December).

Small producers
To comply with these Regulations, small producers must do the following.

• Collect data on the amount and type of empty packaging and packaged goods they handle and supply through the UK market from January 2023 if they have the necessary information, otherwise from March 2023.
• Retain the collected data for at least 7 years after the end of the data collection period*.
• Submit data about the empty packaging and packaged goods handled or supplied through the UK market throughout 2023.

*Data collection period means:

• the period between 28th February 2023 and 31st December 2023; and
• in subsequent years, the 12-month period starting on 1st January.

Large producers
To comply with these Regulations, large producers must do the following.

• Collect data on the amount and type of empty packaging and packaged goods they handle and supply through the UK market from January 2023 if they have the necessary information, otherwise from March 2023.
• Retain the collected data for at least 7 years after the end of the data collection period.
• Submit data about the empty packaging and packaged goods handled or supplied through the UK market every 6 months. The first report for the period ending on 30th June 2023 must be submitted by 1st October 2023; any subsequent reports must be submitted:
  • by 1st April for the 6 months ending on 31st December; and
  • by 1st October for the 6 months ending on 30th June.

Details on the data that needs to be collected and submitted are available for each type of producer in Schedule 1 (Collection and reporting information) and Schedule 2 (Licensors and Pub Operating Businesses).

Members of registered compliance schemes
A producer who is a member of a registered compliance scheme* is exempt from the data reporting obligations under these Regulations. Instead, the operator of the registered scheme must report the packaging data for them.

*Compliance schemes are third party organisations that help producers meet their EPR requirements. The public register of compliance schemes can be accessed here.

Regulator powers and duties
SEPA is responsible for the enforcement of these Regulations. SEPA must:

• publish a list of the items recycled by each relevant authority; and
• monitor compliance with the requirements under these Regulations by producers and operators of registered schemes.

SEPA may also approve a person to verify the information submitted directly by a producer or provided by a producer to the operator of a scheme. The approved person would be, where the producer:

• is an individual, that individual;
• is a partnership, a partner;
• is a company registered in the UK, a director or company secretary of that company;
• is an unincorporated body, an individual who has control or management of that body; or
• is a company which does not have a registered office in the UK, an individual who has control or management of the producer.

Offences and penalties
A producer who contravenes the duties under these Regulations, or fails (without reasonable excuse) to comply with any direction from SEPA, is guilty of an offence which is punishable by a fine.

Are you a UK company which handles or supplies packaging? New Regulations are set to come in which will change the way in which you are responsible for your packaging recycling responsibility. Get prepared for extended producer responsibility now.

With there being a strong focus on waste production in the UK, the new Regulations are set to change the way UK businesses handling or suppling packaging must manage their recycling responsibilities, through the adoption of an extended producer responsibility (EPR) scheme.
What is EPR?
EPR is an environmental policy approach which requires producers to be responsible for the packaging they place on the UK market, at the end of its life. It seeks to achieve a reduction in the environmental impact of products throughout their life cycle, from production through to end-of-life. EPR follows the ‘polluter pays’ principle, if you produce the pollution, you should bear the costs of managing the impact on the environment and human health. Under EPR proposals, packaging producers will be made responsible for the entire cost of recycling the packaging they place on the market; this includes the cost of collection, treatment, and recycling.

The new EPR system will replace the current Packaging Waste Regulations with a phased implementation from 2023.
Do you need to take action?
Current, guidance states this change will affect all UK organisations which handle* or supply packaging.
*Under the current Producer Responsibility Obligations (Packaging Waste) Regulations 2007, handling activities are explained Schedule 1.

The size of your organisation (small or large) will determine the actions you need to take.

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 you are responsible for handling and supplying 25 tonnes + of empty packaging or packaged goods through the UK market in a calendar year; or
• your annual turnover is over £1 million and you are responsible for handling and supplying between 25 tonnes and 50 tonnes of empty packaging or packaged goods through the UK market in a calendar year.

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

• your annual turnover is £2 million or more; and
• you are responsible for handling and supplying more than 50 tonnes of empty packaging or packaged goods in the UK in a calendar year.

What action do I need to take?
The size of your organisation will determine the duties and actions you have and the dates whereby you need to comply with these.

Small organisations:

To comply you must:

• take steps to record data about all the empty packaging and packaged goods you handle and supply through the UK market from 1st 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; and
• submit data about empty packaging and packaged goods you handled or supplied through the UK market throughout 2023.

You’ll need to submit your 2023 data between 1st January 2024 and 1 April 2024. Missed payments will result in a penalty charge.

Large organisations

To comply you must:

• take steps to record data about the empty packaging and packaged goods you handle and supply in the UK from 1st January 2023;
• register for the EPR for packaging online service from April 2023;
• pay a fee to the environmental regulator;
• buy packaging waste recycling notes (PRNs) or packaging waste export recycling notes (PERNs) to meet your recycling obligations; and
• submit data about empty packaging and packaged goods you handled or supplied through the UK market.

You’ll need to submit data every 6 months.

Organisations selling goods in the UK, including Distributors, Retailers, Online Marketplaces, and Sellers may also need to submit ‘nation data’ (separate volumes and material types of packaging placed on the market, broken down into England, Wales, Scotland and Northern Ireland). 2023 data will need to be submitted by December 2024.

Organisations may use a compliance scheme to complete certain steps on their behalf.

If you handle and supply any packaging that is collected by local authorities from households or street bins, from April 2024 you must pay the scheme administrator a fee for this.

The current guidance states these Regulations will not apply to charities.

The specific packaging activities which will come under these Regulations include:

• packaging own-brand products to sell to UK consumers;
• using a third party to package and sell own-brand goods to UK consumers;
• using ‘transit packaging’ to protect goods during transport so they can be sold to UK consumers;
• importing own-brand and third-party packaged products into the UK to sell to consumers, unless doing so on behalf of a third party (such as a supermarket);
• allowing third parties based outside the UK to sell packaged products or empty packaging through an online marketplace that you own;
• hiring or loaning out reusable packaging to UK third parties; and
• making and then selling empty packaging to third-party organisations that do not need to take action under the regulations.

Further guidance on EPR can be found on the Governments website.

All UK organisations which handle, or supply packaging will need to comply with the new EPR regulations in some way. These Regulations have not yet been published and are expected to be published in 2022 – 2023.