ACT NOW ON EXTENDED PRODUCER RESPONSIBILITY    
 

The UK Government and the Devolved Administrations are reforming packaging waste regulations to introduce Extended Producer Responsibility in full from April 2024. The intention is to move from shared responsibility along supply chains to a single point of compliance. EPR shifts the full cost of dealing with packaging waste away from local authorities and Council Tax payers and onto the primary producers.

We wrote about these proposals in our Spring edition to alert BMF members to significant and costly regulatory changes. Six months on, Brett Amphlett (BMF Policy Manager) updates you on the impact and data collection requirements you should be aware of, and act upon, straightaway.

AM I OBLIGATED ?

Extended Producer Responsibility began to be phased in from January 2023 with reporting requirements being steadily introduced alongside current packaging waste regulations. You will have several obligations as we head towards full implementation. Since 1 March 2023, you ought to have started to collect the relevant data in readiness to file your returns.

These changes are UK-wide and place new legal duties on company directors to take action. The Packaging Waste (Data Reporting) (England) Regulations 2023 dated 27 February 2023 and the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 dated 28 June 2023 refer. The following paragraphs describe the main aspects.

You must act if you have turnover of £1 million or more - and are responsible for over 25 tonnes of packaging in a calendar year. You are responsible if you:

  • 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;
  • or sell empty packaging.

 

WHAT DATA DO I COLLECT ?

You must report your role when you put packaging on the UK market. As a small producer, you are responsible for reporting only. As a large producer, you have reporting & financing obligations. Everyone is required to collect data about packaging they handle and supply throughout the UK. This data has to be submitted bi-annually for large producers and annually for small producers.

Large producers should open an online account straightaway on the Report Packaging Data Service to start uploading. Please go to:  https://www.gov.uk/guidance/report-packaging-data

1. Packaging Activity Data

You must report what your role was when you put the packaging on the UK market. This is done by breaking down your data into these activities:

  • brand ownerupacker or filler
  • importerudistributor
  • service provideruyour own online marketplace.

 

2. Packaging Material and Weight

 

After categorising your data (as above), you must report the weight of individual materials in kilograms. This is a change from the current regulations where reporting is in tonnes. You should categorise your data under these headings:

  • aluminium
  •  fibre-based composite
  • glass
  •  paper or cardboard
  • plastic
  •  steel
  • wood
  •  other.

‘Other’ could include bio-degradable plastics, cork, cotton, nitrile, rubber or silicone.

 

3. Packaging Type Data

There are 4 packaging types to report on. They will be familiar to those members with experience of current regulations. You should categorise your data under these headings:

  • primary packaging
  •  shipment packaging
  • secondary packaging
  •  transit or tertiary packaging.

 

4. Packaging Waste Type Data

You must report what type of waste the packaging is likely to become when it is discarded.

Large Producers

You must report whether the packaging is:

  • household waste
  •  non-household waste
  • street bin waste
  •  drinks’ container
  • re-useable
  •  self-managed waste.

 

Small Producers

You only have to report if you have supplied packaging that is a drinks container - highly unlikely for BMF members. You do not need to break down your data into the other waste types.

Household and Non-Household Packaging Waste

You must report the weight of packaging that ends up (or is likely to end up) as household waste and non-household waste. All primary and shipment packaging should be classed as ‘household waste’. All secondary and transit packaging should be classed as ‘non-household waste’.

If you supply primary or shipment packaging to a business which does not supply that packaging or the goods it contains to anyone else, it can be classed as ‘non-household waste’. You have to be able to prove this (see below under “Discussion”).

Re-usable Packaging

You only have to submit data about re-usable packaging (notably pallets) the first time they are used. When you report for 2023, you should include re-usable packaging already in use.

Self-Managed Packaging Waste

If you are a large producer, you must report data about any household packaging waste you collect through a self-managed recycling scheme. This only applies to waste not commonly collected by local authorities. If you move self-managed waste between nations, it must be recorded - e.g. packaging in a Scottish branch is moved to a distribution centre in England before recycling.

 

REPORTING BY NATION

An unwelcome aspect of EPR is a new requirement to show where in the UK your packaging was sold, hired, loaned, gifted or discarded in. You must submit data in which of the home nation(s) it occurred. Data by nations for this calendar year has to be submitted by 1 December 2024.

DISCUSSION

Household or Non-Household

We are aware of an illogical policy change about intermediaries - namely merchants & distributors. Previously DEFRA or the Environment Agency treated intermediaries as b2b but (for reasons unknown) are now treating them as b2c. Primary or shipment packaging sold via intermediaries must be counted as household waste - even if the end-user is a business - namely builders, contractors and SME trade customers. This is wholly unsatisfactory and the implications are huge. It has been raised with DEFRA officials and other trade associations like the British Retail Consortium are lobbying ministers to correct this anomality.

New Legislation

DEFRA has opened another consultation on the full set of draft regulations which will implement EPR next year - including a single UK-wide approach to labelling (with a new logo & wording). The 28-page consultation and 37-page draft statutory instrument are here: https://consult.defra.gov.uk/extended-producer-responsibiity-team/consultation-on-the-draft-producer-responsibility/

 

TAKE ACTION NOW

Collection Dates

  • England, Scotland & Northern Ireland: the start date to collect data was 1 March 2023.
  • Wales: the start date to collect packaging data was 17 July 2023.

Submission Dates

Large organisations:

  • for the period 1 March to 30 June 2023, you should have submitted data between 16 August and 30 September 2023.
  • for the period 1 July to 31 December 2023, you have to submit between 1 January and 1 April 2024.

Small organisations: for the period 1 March to 31 December 2023, you have to submit your data between 1 January and 1 April 2024.

Create an Online Reporting Account

To create an account for your business, you must be:

  • a director or company secretary
  • a partner
  • a sole trader
  • a member of a limited liability partnership

 

Upon completion, you can nominate other people in your company to be users - and give permission for them to carry out tasks on your behalf within the account. The environmental regulator has to approve your account before you can submit data and initially that could take a week or so. But once completed, you will be an approved person - and it will be your legal duty to ensure that the data your company submits is as accurate as reasonably possible. To enrol on the Report Packaging Data Service, go to:  https://www.gov.uk/guidance/report-packaging-data

 

FURTHER ASSISTANCE

Creating a Packaging Data File

DEFRA has provided a CSV spreadsheet to help you create a packaging data file. You can use this online tool to check how your file should be structured before creating your own file. This tool will generate the codes and other functions before you submit your file. This is explained in more detail here:  https://www.gov.uk/government/publications/extended-producer-responsibility-for-packaging-generate-a-packaging-data-file

Helpful Videos

DEFRA has released some YouTube videos and the first of these ‘how to’ guides are here.

Choosing a Compliance Scheme:  Report Packaging Data - Producer Enrolment - Choosing a Compliance Scheme - YouTube

Producer Enrolment:  Report Packaging Data - Producer Enrolment - YouTube

Official Guidance

The main sources of guidance on the GOV.uk website are:

EPR: who is affected and what to do: https://www.gov.uk/guidance/extended-producer-responsibility-for-packaging-who-is-affected-and-what-to-do

EPR: what packaging data to collect: https://www.gov.uk/guidance/how-to-collect-your-packaging-data-for-extended-producer-responsibility

There is also an EPR Helpdesk available from 08:00 to 16:30 , Monday to Friday, on 0300 060 0002 or [email protected]


SUMMARY

Extended Producer Responsibility is a major policy overhaul by all four governments requiring primary legislation. Ready reckoners or co-efficient calculators are unlikely to be allowed in future, due to the nations’ reporting obligation. This includes the BMF Packaging Reporting Waste Obligation Ratios some of you currently use that are still recognised by the Environment Agency as a way to determine existing obligations.

We are very grateful to the Wastepack Group (BMF Service Member) for advice in assessing the impact of these proposals. We cannot stress enough the intricacies you should be aware of, and act on, straightaway. Many of you already participate in compliance schemes like Wastepack, Valpack or Biffpack. If you are not in a scheme, please take professional advice straightaway.