December 2023

Packaging EPR

2024 Compliance Year

Packaging Data Reporting

The delay in the implementation of full Extended Producer Responsibility (EPR) has meant that large producers obligated under both EPR and the current Packaging Waste Regulations (PWR) will need to report their 2023 packaging data separately under each of these regimes. For producers that have already reported their H1 (1st January to 30th June) 2023 EPR data, the outstanding 2023 packaging supplied reporting requirements are:

  • H2 (1st July to 31st December) 2023 EPR data
  • Annual (1st January to 31st December) 2023 PWR data, which will be used to determine your recycling obligation (PRNs)
  • Annual (1st January to 31st December) 2023 EPR reporting by nation data

Since your H2 2023 EPR data and annual 2023 PWR data will be required at similar times, we have initially engaged with a few REPIC packaging scheme members to obtain feedback on how we can best support them with the challenge of dual reporting. We have used this to compile a short survey and will send this to all REPIC packaging members in the coming weeks. Your feedback will assist us in aligning our service to your requirements, both for your current data submission processes and going forward as you prepare for the longer term implementation of Defra’s Recyclability Assessment Method (RAM).

EPR Disposal Fees

As you are aware, producers of household packaging will start to pay EPR Disposal Fees in 2025 – these are the costs incurred by local authorities in providing a household packaging waste collection service. The first payment, in 2025, will be based on the amount of household packaging a producer places on the market in 2024. Defra’s latest time scale for release of estimated EPR Disposal Fees is “early in 2024”.

Whilst the EPR consultation contained an indication of the total EPR Disposal Fees, this was calculated in 2019 so is out of date. It is also necessary to know the total amount of packaging placed on the market in each material type to calculate your company’s share of the total EPR Disposal Fees, however due to Defra’s late decision to permit producers to delay the submission of their H1 2023 data until 31st May 2024 we cannot be sure the estimated EPR disposal fees that have been promised for early 2024 will have been calculated on a full data set. Please rest assured that as soon as more information becomes available, we will provide this to you.

In the meantime, we recap below on the key messages from our November 2023 newsletter:

  • We recommend you calculate your potential financial liability for 2024 (payable in 2025) as soon as the estimated EPR Disposal Fees become available and consider making budgetary and cashflow provision. We will produce some simple guidance to help you do this.
  • Consider how you can reduce your EPR Disposal Fees through:
    • packaging design (reduce packaging usage, or change packaging materials, focusing on opportunities for removing those that are more costly for local authorities to collect).
    • ensure that you do not report any packaging as household packaging if you can prove it meets the definition of non-household packaging. If you expect that your direct business customer discards any primary or shipment packaging you supply to them, contact them to obtain evidence before you submit any 2024 EPR packaging supplied data. We have produced a letter you can use for this purpose; please contact vlaw@repic.co.uk if you would like a copy.

Prepare for modulated fees

To recap on information provided in our previous newsletters, EPR Disposal Fees for household packaging placed on the market from 2025 onwards will be modulated (payable from 2026 onwards), meaning the fees payable will be increased or decreased based on specified criteria. Initially this will be based on a list of packaging items government wishes to discourage, eventually it will be based on recyclability assessments.

The charging of EPR disposal fees will operate on a cost recovery basis meaning that if some producers pay a higher fee due to modulation, the costs of those producers that do not supply the modulated packaging will reduce.

Help advise Defra which household packaging materials to modulate on

As we advised in our November newsletter, Defra is considering initially modulating EPR Disposal Fees for the packaging materials that are shown below:

This means those producers supplying this packaging would incur higher EPR Disposal Fees.

You can help advise Defra’s thinking on this by completing a short survey that is available here. They have extended the deadline for responses to Friday 8th December 2023.

Defra advises the materials that will be modulated in 2025 will be confirmed by early 2024.

Remember: Packaging that is modulated will need to be reported separately to other packaging materials. For example, if you supply household compostable and degradable plastics and these are modulated, you will need to report these separately to your other plastic packaging materials that are not modulated.

 

 

The current PWR has been amended to include recycling targets for 2024. The only changes, as shown in the table below, are increases to the overall recycling target and the wood target. In addition, the proportion of the glass obligation that must be achieved through remelt has increased from 72% to 75%.

Where targets have increased, on a like for like basis your company’s PRN financing obligation in 2024 will increase when compared to 2023.

 

The Chancellor has confirmed that Plastic Packaging Tax will increase from £210.83 per tonne from 1st April 2024 to £217.85 per tonne.

 

Environment Agency Audits

We understand the Environment Agency are currently contacting producers to arrange producer WEEE and Battery compliance audits, if you have been, or are, contacted with a view to arranging an audit please contact Janette janetteollerhead@repic.co.uk and we can assist you with planning for this.

Replacement parts

If you sell replacement light bulbs for appliances such as fridges and ovens that are either gas discharge lamps or LED light sources, these are considered an EEE product and should be included in your EEE placed on the market data. They should be reported in EEE category 13.

The majority of spare parts supplied for the repair of a finished product are not EEE products, neither are components and sub-assemblies supplied to a business for building a finished product, for example, wiring, circuit boards or electric motors built into a washing machine.

EEE & Battery 2023 placed on the market data

As we are nearing the end of 2023, please take the opportunity to review your EEE and Battery placed on the market data in advance of submitting your Q4 2023 data to us.

  • Ensure any data relating to exported battery or EEE products is deducted from your data, please see this guidance.
  • Check that all products containing refrigerants, such as heat pump tumble dryers and dehumidifiers are reported under category 12 – appliances containing refrigerants, and not included in category 1.
  • Ensure your EEE data does not include the weight of any batteries or packaging.

If you have any queries regarding your EEE or battery placed on the market data please contact Janette janetteollerhead@repic.co.uk

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