New guidance: Updated guidance on new packaging reporting requirements

Previous laws already required producers of packaging to recycle packaging waste to meet recycling targets for different materials such as plastic, glass, wood and paper.

New rules, referred to as ‘extended producer responsibilities’, now also require them to collect data on their packaging supplied to third parties and, in some circumstances, provide it to the Environment Agency. They also have to pay a waste management fee, administration costs and a charge to the environmental regulator.

The guidance, ‘Guidance: Extended producer responsibility for packaging: who is affected and what to do’ has been updated to reflect the new extended scheme.

The new rules initially apply to organisations that:

• have a turnover of more than £1m (by reference to their most recent annual accounts);
• were responsible for more than 25 tonnes of packaging in 2022; and
• carry out specified supply and import activities (‘packaging activities’).

Their obligations vary according to whether they are categorised as ‘large’ or ‘small’. Charities do not need to comply.

The organisation must get:

• PRNs (packaging waste recycling notes); or
• PERNs (packaging waste export recycling notes)

to prove they have complied with the rules, and report ‘nation data’, ie which home nation(s) they are supplying and discarding their packaging in.

Help is available from compliance schemes - third parties that help organisations meet their extended producer responsibilities in relation to registration fees, getting PRNs or PERNs and reporting packaging data.

The guidance clarifies:

• Who needs to take action
• What ‘packaging activities’ and ‘packaging’ mean
• What organisations may need to do
• The specific rules for parent companies, groups or subsidiaries
• Which data needs to be reported
• Whether an organisation needs to report nation data
• Fees payable
• Where to get help

Organisations which have the relevant data from 1 January 2023 should report their annual data from then. Otherwise, they must report data from 1 March 2023.

Operative date

• Now

Recommendation

• Businesses and other organisations involved in arbitration can view the updated guidance on the GOV.UK website.