On April 1, the UK’s Extended Producer Responsibility (EPR) regulations came into force. These comprehensive regulations are designed to ensure businesses diligently collect data regarding the packaging they supply or import.
According to the Food and Drink Federation (FDF), the primary intent of this regulation is to transfer the costs associated with managing and recycling packaging onto the producers themselves. Additionally, the regulations seek to boost recycling efforts while minimizing ‘excessive’ packaging.
Conversely, across the English Channel, the EU is striving to harmonize packaging regulations among its member states. This initiative encompasses new measures related to member states’ EPR obligations.
The UK
The UK’s EPR scheme mandates that companies collect and report comprehensive data on all packaging they supply or import. These companies will be held accountable for the net costs tied to managing and recycling the packaging they produce, facilitated through a series of fees.
This regulation’s scope applies to businesses with a UK presence that generate an annual turnover of £1m (€1.2m) or more. Moreover, companies must have been responsible for importing or supplying over 25 tonnes of packaging in the UK market over the preceding calendar year.
The EU
Since 1994, EU nations have operated under the Packaging and Packaging Waste Directive (PPWD). This directive compelled EU member states to establish their own EPR schemes into law.
However, with the recent enactment of the Packaging and Packaging Waste Regulation (PPWR), the EU is shifting the landscape significantly. This regulation took effect on February 11 of this year, with its application set for 18 months thereafter.
The regulation’s dual focus is to curtail waste generation, particularly from primary raw materials, and to expedite the shift towards a circular economy. The ultimate objective is to ensure that all packaging within the EU is recyclable in an economically feasible manner by 2030.
Furthermore, the regulation aspires to harmonize EPR criteria across Europe, as inconsistent national rules create uncertainty for manufacturers. To alleviate consumer burdens, it mandates that measures taken by producers should enable the return and management of all packaging waste at no cost to consumers.
Under this regulation, producers must cover the costs associated with labelling waste receptacles and conducting surveys of collected waste. Notably, the regulation stipulates that fees should reflect the percentage of recycled content present in packaging, with a framework for fee modulation expected to be adopted by 2028.
All packaging incorporated within an EPR scheme must be marked with a symbol or QR code, as outlined by the regulation. Producers are also required to register their information with a national database maintained by each member state, which will monitor compliance with EPR mandates.
To reduce administrative challenges for smaller businesses importing packaging, the regulation clarifies that ‘producer’ refers to the company that first makes the packaging available within that member state.
