Ecoveritas has issued a warning to businesses, urging them to remain vigilant following the announcement by the Environment Agency that it is postponing the enforcement of its Extended Producer Responsibility (EPR) data submission deadline. This latest agreement has been described as an “absolute omnishambles”.
According to the new directive, companies that fail to meet the initial two EPR submission deadlines of 1st October 2023 and 1st April 2024 will not face prosecution, as long as they submit all their required data by 31st May 2024.
However, it is important to note that the submission deadline under the existing Producer Responsibility Obligations (Packaging Waste) Regulations 2007 remains unchanged (7th April). This adds an extra layer of complexity to the transitional phase of the EPR rollout, with businesses having to navigate dual-reporting requirements.
This development comes as Defra has deferred EPR implementation until October 2025, attributing this decision to a “lack of clarity on costs for businesses”.
Businesses must be meticulous in providing accurate details
Emphasizing the importance of not taking the additional time for granted, Rebecca Webber, operations manager at Ecoveritas, issued a warning to businesses. She stated, “We urge companies to diligently meet their existing deadlines.
“Wherever possible, we will work closely with all our clients to report packaging data by the current reporting dates of 1st October 2023 and 1st April 2024. We understand the significance of this data in improving the modeling of illustrative base fees, crucial for producers to effectively plan for the future.
“Without this data, Defra cannot provide producers with the indicative costs they urgently require.”
Ecoveritas has stated that the more data producers can provide Defra with, the more precise the illustrative base fees will be. Producers can anticipate initial estimates by the end of 2023 or early 2024.
Webber added, “It is essential to remember that filing under the old 2007 regulations remains unchanged. While one-half of business reporting remains the same, the other half is constantly shifting.
“Undoubtedly, the rollout of EPR continues to be chaotic. However, businesses will bear the consequences if any details are incorrect in a last-minute scramble to meet the new May deadline.”
RPS reinforces the need for timely data reporting
It is crucial to note that this regulatory position statement (RPS) does not alter the legal requirement to report information on or before 1st October 2023 and 1st April 2024. However, the Environment Agency has confirmed that it will not typically pursue enforcement action if H1 & H2 data is submitted by the end of May.
The RPS remains in effect until 30th June 2024, but the Environment Agency has stressed that it reserves the right to “withdraw or amend” its position if deemed necessary. This raises uncertainty regarding the possibility of deadlines being extended further or even moved forward at short notice.
“Frankly, it’s a mess,” continued Webber. “This transition period should offer an opportunity for businesses to develop the habit of enhanced data collection as a core business operation. However, we continually witness this learning process being undermined by delays, and now by the dilution of the enforcement process.
“Considering that the October deadline is less than a month away, we expect most businesses to have an almost-complete submission ready to go. We encourage them to lead by example and strive to make EPR work, even if the government seems unable to do so.”
