Understanding Extended Producer Responsibility (EPR)

Dan Pegram

Published: 23/07/2024

EPR requires producers to take responsibility for the lifecycle of their packaging, aiming to reduce waste sorting costs and incentivize more sustainable packaging solutions.

In the realm of EPR regulations, packaging includes all products made from any materials that fall into one of four specific categories. These products must perform at least one essential packaging function. Notably, this includes items designed to be filled at the point of sale, such as takeaway boxes or coffee cups.

Understanding these categories and functions is crucial for your business to comply with EPR regulations effectively.

Understanding your role in the packaging supply chain roles is essential for compliance with EPR regulations.

• Brand Owner:  You supply packaging under your own brand, including your company name, trademark, or any unique mark.
• Packer/Filler: You package goods for yourself or others. This includes unbranded packaging or branded packaging where the brand owner is not a large producer.
• Importer/First UK Owner: You import goods with packaging and supply or discard them in the UK. This includes packaging filled for someone outside the UK and supplied to the first UK owner.
• Distributor: You manufacture or import unfilled packaging, except when it is for a large packer/filler or brand owner. If you sell empty packaging to a large organisation, you do not need to report it under EPR, but must keep records.
• Service Provider: You hire or loan out reusable packaging like pallets or totes. Report this packaging only the first time it is supplied.
• Online Marketplace Operator:  You supply packaging through your online marketplace, including packaging sent to the UK from businesses outside the UK.

Within the EPR data submissions, there are several additional reporting categories that businesses consider.

• Public binned waste refers to packaging commonly discarded in public bins, and it should be reported by material and weight, exclusively in this category, not under household packaging.
• The weight and number of units of single-use drinks containers also need to be reported.
• Self-managed organisation waste concerns packaging waste collected from a company’s site by a private contractor or waste collection service.
• Self-managed consumer waste includes packaging waste not typically collected by local authorities and reusable packaging waste, such as front-of-store collections of plastic bags or plastic films.

Determining whether packaging is household or non-household is crucial for accurate EPR reporting. Household packaging includes primary and shipment packaging unless supplied directly to businesses or public institutions, or for products designed solely for business use. Non-household packaging includes secondary and tertiary packaging.

There are some main costs’ that businesses need to consider when complying with EPR. Businesses must pay Environment Agency registration fees under EPR, including resubmission and late fees when applicable. If part of a compliance scheme, the scheme will manage these fees on their behalf.

Additionally, businesses are required to obtain Packaging Recovery Notes (PRNs) to meet recycling obligations, with compliance schemes invoicing for these PRNs.

Companies reporting household packaging must also pay Waste Management Fees (WMF), initially based on the amount of household packaging reported. From 2026, these fees will vary depending on the recyclability of the packaging, with easier-to-recycle packaging incurring lower fees and harder-to-recycle packaging incurring higher fees. The government-appointed Scheme Administrator sets and charges the WMF and additional administration fees, which must be paid directly to the Scheme Administrator, as compliance schemes cannot cover these fees on behalf of their members.