What is the UK EPR (Extended Producer Responsibility) for Packaging?
As sustainability gains centre role in the drive for a low-carbon UK, businesses across the UK are gearing up for a significant shift in how packaging waste is managed. The Extended Producer Responsibility (EPR) Regulations 2024 introduce a comprehensive framework to ensure that producers take full accountability for the environmental impact of the packaging they place on the market.
Definition & Purpose: The UK’s Extended Producer Responsibility (EPR) for packaging – historically known as the Packaging Waste Regulations – is an environmental regulation that makes businesses responsible for the packaging they supply to the UK market. EPR is also seen as a driving force behind the adoption of remanufacturing initiatives, which are closely linked to circular economy initiatives. In the UK and the European Union, extended producer responsibility is mandatory within the context of the Packaging Waste, WEEE, and Batteries Directives. Essentially, producers must take ownership of financing the packaging waste they generate from when their product enters the market to its end-of-life. This means financing the collection, recycling, and disposal of packaging waste, particularly from households, rather than leaving just the taxpayers to foot the bill. The regulation’s purpose is to reduce packaging waste (especially to landfill sites) and boost recycling by holding producers accountable for the environmental impact of their packaging. Under EPR, producers are expected to cover 100% of the net costs of managing household packaging waste – a significant increase from earlier rules that only required partial contributions. By shifting the full cost burden onto producers, EPR aims to incentivize companies to use less packaging and design recyclable packaging, thus supporting the UK’s waste-reduction and recycling goals.
Origins and Evolution of the Packaging Waste Regulations
Early Legislation: The concept of producer responsibility for packaging in the UK dates back to European law. The EU’s 1994 Packaging and Packaging Waste Directive set recycling targets and obligations for member states, prompting the UK to introduce national regulations in 1997. The resulting Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (consolidated in 2007) were the UK’s first producer responsibility law. These regulations established a system of shared responsibility: different businesses in the packaging supply chain (manufacturers, converters, packer/fillers, and sellers) each bore a set percentage of the obligation to recover and recycle packaging waste. For example, a retailer (the “seller”) historically had to fund 48% of the recovery/recycling cost of the packaging it sold, while the packaging manufacturer covered a smaller share. Compliance was demonstrated by purchasing Packaging Recovery Notes (PRNs) or export PRNs (PERNs) – certificates proving that an equivalent tonnage of packaging was recycled. This market-based PRN system, launched in 1997, successfully increased recycling over the years but had drawbacks: it did not make producers pay the full waste management costs, leaving local authorities to cover most household recycling and disposal expenses.
Modern Reforms: By the 2010s, the UK recognized the need to strengthen packaging producer responsibility. In 2018 the government’s Resources & Waste Strategy called for “extended” producer responsibility to make producers financially responsible for full net disposal costs, spurring a series of consultations in 2019–2021. Legal authority for new measures was established in the Environment Act 2021. The four UK governments (England, Scotland, Wales, and Northern Ireland) then jointly developed an updated EPR scheme.
Evolution of the Regulation – Key Milestones:
1997: UK Packaging Waste Regulations take effect (1999 in NI), implementing EU requirements with a shared-cost PRN system.
2007: Regulations updated (S.I. 2007/871), continuing the PRN-based obligations through the 2010s.
2018–2021: Policy reviews and the Environment Act paved the way for a new EPR model covering full recycling costs.
2023: Transition begins. The first phase of packaging EPR is in.
2024: New legislation. The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 were approved (laid before Parliament in late 2024) to overhaul the system. These regulations (often called “Packaging Regulations 2024”) implement the EPR scheme fully from 1 January 2025, effectively replacing the 2007 Packaging Waste Regulation. Throughout 2024, businesses have been preparing: e.g. registering on the new reporting portal and submitting 2023–24 data under the interim rules.
2025: Full EPR implementation. From 2025 onward, obligated producers must fully comply with the new requirements, including paying EPR fees based on 2024 packaging data. A central Scheme Administrator (overseen by the government and the devolved administrations) is established to manage the system, and an industry-led organization will support its operation. The year 2025 is the first in which the new fees and reporting cycle operate at scale, to achieve the intended environmental outcomes of EPR.
Who is Affected by the Regulation?
EPR for packaging applies to almost all UK businesses that make or use packaging and meet certain size thresholds. In simple terms, any company that imports, produces, or sells packaged goods in the UK may be an “obligated producer.” The regulations cover a broad range of packaging activities, including businesses that:
Supply packaged goods under their own brand – e.g. a manufacturer or retailer selling products with a brand/name or trademark that you own. (If you contract manufacture for someone else’s brand, the brand owner is responsible.)
Place goods into packaging – packing or filling packaging (whether for your own products or on behalf of another company).
Import products in packaging – bringing in goods from abroad that are already packaged, and then supplying them on the UK market. (If you import items from an overseas brand owner not based in the UK, you likely become the responsible producer for that packaging.)
Operate an online marketplace – providing a platform for non-UK sellers to sell goods to UK customers. Online marketplaces must take responsibility for the packaging of goods sold by foreign vendors via their platform.
Hire or loan out reusable packaging – such as a company pooling or renting containers, pallets, kegs, etc., for use in supply chains.
Supply empty packaging – e.g. manufacturing or importing empty packaging materials or components to be filled by others.
Importantly, to be obligated under EPR, a business must exceed specific size thresholds. Very small businesses are exempt. The thresholds are based on annual turnover and packaging volume:
Annual turnover: £1 million or more (based on the most recent accounts up to 7 April of the year).
- Packaging handled: over 25 tonnes of packaging material supplied or imported into the UK in the previous calendar year.
Both conditions must be met for a company to fall in scope (charities are excluded). There are two tiers of obligated businesses: “small” and “large” producers, which determine the level of requirements:
Group Structures: It is important to note that if a company is part of a corporate group, the thresholds are assessed at the group level. All subsidiaries engaged in packaging activities are counted together to determine if the £1m/25t or £2m/50t thresholds are met. If the group as a whole qualifies, each member handling packaging is obligated, even if an individual entity is below the limits. (Groups can choose to report as one unit or have each subsidiary report separately, either way, every part of the group’s packaging obligations must be accounted for).
In practice, a wide range of industries are affected – from food & beverage manufacturers and consumer goods brands, to importers, supermarkets (for their own-label products), online retailers, and packaging suppliers. Virtually any medium or large enterprise that places packaged products on the UK market falls under the EPR for packaging rules.
Note: Producers who meet or exceed this lower threshold are only obligated to report their packaging data from 2025. These figures are as of 20th December 2024.
| Material | Estimated cost in £ per Tonne of LA Waste Management Fee Obligation |
| Paper or board | £215 |
| Glass | £240 |
| Aluminium | £435 |
| Steel | £305 |
| Plastic | £485 |
| Wood | £320 |
| Fibre-based composite | £455 |
| Other | £280 |
Current Requirements for Businesses under EPR
Under the extended Packaging Waste Regulations, obligated businesses must adhere to new compliance requirements starting in 2023 and ramping up in 2024–2025. The key responsibilities include registration, data reporting, recycling obligations, cost payments, and (soon) labelling. Below is a breakdown of what businesses need to do:
Registration and Reporting
Registration: Obligated producers must register with the relevant environmental regulator or via an approved compliance scheme. In practice, this means creating an account on the government’s online portal for Packaging EPR (often referred to as “Packager” or the National Packaging Waste Database) to manage submissions. Large organisations were required to set up their accounts in 2023 (the portal opened from July 2023 for large producers), while small organisations began registering from January 2024. Producers can register directly with their regulator (e.g. the Environment Agency in England, SEPA in Scotland, etc.) or join a Producer Compliance Scheme that handles compliance on their behalf. Many companies opt for a compliance scheme (e.g. Valpak, Clarity, etc.) to outsource the reporting and PRN procurement tasks. Either way, each obligated business (or group) must be registered and approved to participate in the EPR system.
Data Collection: All obligated producers must collect detailed data on the packaging they handle. This includes recording the weight of packaging by material type (plastic, paper/card, steel, aluminum, glass, wood, etc.), and whether it is ultimately intended for household or non-household (commercial). Producers also need to track the distribution of their packaging across the UK nations – known as “nation data” – indicating in which country (England, Scotland, Wales, NI) the packaging is supplied and likely discarded. Data must be gathered for each reporting period (see “Deadlines” below) in line with the official definitions (e.g. what counts as primary vs. transit packaging, household vs. industrial packaging, etc.).
Reporting: Companies are required to submit packaging data reports to the regulators on a regular schedule. Large producers report biannually, while small producers report annually:
Large producers must report data every 6 months. In England, Scotland and Northern Ireland, the deadlines were set as 1 October 2023 (covering packaging supplied Jan–June 2023), 1 April 2024 (for July–Dec 2023), 1 October 2024 (Jan–June 2024), and 1 April 2025 (for July–Dec 2024). This pattern of 1 October and 1 April deadlines is expected to continue, providing semi-annual reporting going forward. (Wales used a slightly adjusted schedule in the first year, requiring a single report by April 2024 for all of 2023.) Large producers must report electronically via the EPR portal, uploading their data in the prescribed format. If a deadline is missed, the regulators may impose a late reporting fee or other penalties.
Small producers were only required to collect (but not submit) data for the 2023 calendar year. Starting in 2024, small producers must submit an annual report. The first report by small producers – containing all packaging data for calendar year 2024 – is due by 1 April 2025. After that, small producers will report yearly each April. In summary, a small business had to begin tracking data from 2023, and its first actual submission will cover 2024 figures.
All data submissions are made to the environmental regulators (typically via the National Packaging Waste Database system). Regulators will use this data to calculate producers’ fee obligations and to monitor compliance. Accuracy is crucial – providing false or incomplete data is an offence. Companies should maintain supporting records for their data (e.g. packaging inventories, supplier info, weighing notes) for at least 7 years in case of audits.
Recycling Obligations (PRNs/PERNs)
In addition to reporting, producers must fulfill recycling obligations for the packaging they place on the market. This is a continuation of the older system of Packaging Recovery Notes (PRNs). Under the new regulations, large producers still have a duty to obtain PRNs (or PERNs for exported waste) to evidence that a certain tonnage of packaging waste has been recycled. Essentially, for each material type, the government sets a recycling target (a percentage of the tonnage the producer handled) which must be met by purchasing PRNs from accredited recyclers. For example, if a company placed 100 tonnes of plastic packaging on the market, and the recycling target for plastic is (say) 61%, the company would need to acquire at least 61 tonnes’ worth of plastic PRNs that year. The PRN system is market-driven – producers buy PRNs, providing revenue to recyclers, and the prices fluctuate based on supply and demand for recycling evidence.
Under EPR, household and non-household packaging both require PRNs for compliance. This means even packaging destined for commercial/industrial waste (not collected by councils) carries a recycling obligation. The difference is in the new fees (discussed below): non-household packaging will not incur EPR waste management fees, but household packaging will. So, a B2B packaging producer must still finance recycling (via PRNs) but doesn’t pay for municipal collection, whereas a consumer packaging producer must do both. Notably, small producers have no PRN obligation at present – only large producers (above 50 t) are required to purchase PRNs to meet recycling targets.
Producers can manage the PRN requirement either on their own or through a compliance scheme. Many compliance schemes take on the task of procuring the necessary PRNs/PERNs for their members (pooling obligations and buying in bulk). By the end of each compliance year, producers or their schemes must obtain and submit evidence of meeting their recycling targets. Failing to acquire sufficient PRNs would constitute non-compliance with the recycling obligation.
EPR Fees and Cost Obligations
One of the biggest changes in the new EPR system is the introduction of disposal cost fees – effectively a charge on producers to cover the costs of managing packaging waste from households. These are often called “waste management fees” or simply EPR fees. Starting in 2024 (for payments due in 2025), large producers have to pay fees based on the amount and type of packaging they supplied to UK consumers.
Key points about the fees:
Scope of fees: Fees apply only to household packaging. “Household” means packaging that ends up in the municipal waste stream – e.g. packaging discarded by consumers at home or via street bins. This includes most consumer product packaging and packages used in the hospitality sector, etc. Packaging used exclusively in B2B contexts (commercial and industrial packaging) does not incur EPR fees. However, for many producers (e.g. food manufacturers, retailers), a significant portion of their packaging is household-facing.
No fees in 2024: The government announced a 1-year deferral of these EPR fees to give businesses more time to prepare. Originally, payments would have started in late 2024, but now no EPR fees are collected during 2024. Companies still had to report their 2023 packaging data in 2024, but fees based on that data were postponed. The first billing will occur in 2025, calculated on packaging placed on the market in 2024. (Producers must continue to pay any charges from the old system for 2023 – e.g. purchase PRNs for 2023 obligations – during this transition.)
Fee calculation: The fees are calculated per tonne of packaging, with rates varying by material type. This reflects that different packaging materials have different costs for collection and recycling. For example, the indicative fees (as of Dec 2024) were roughly £215 per tonne for paper/card, £240/t for glass, £305/t for steel, £435/t for aluminum, £485/t for plastic, £320/t for wood, etc.
. Plastics incur the highest fee per tonne given their higher recycling/disposal costs, whereas easier-to-recycle materials like paper or glass are a bit lower. These rates are intended to cover the “full net cost” of collecting, sorting, and treating that material from households (net of any material revenue).
Modulated fees (2025–2026): The EPR fees will become modulated by recyclability starting from 2025 data (with effect on 2026 fees). The UK plans to implement a Recycling Assessment Methodology (RAM) that adjusts fee rates based on how easily a packaging item can be recycled. This means that within a material category, packaging that is harder to recycle (e.g. plastic film or complex laminates) could incur higher fees than packaging that is readily recyclable. The goal is to reward eco-design: if producers switch to more recyclable packaging, they should eventually pay less. Full modulation is slated to begin for packaging placed on the market in 2025 (with fees in 2026), after a flat fee per material applies for the initial year. Producers will be informed of how their packaging is graded under the recyclability assessment so they can understand future cost implications.
Payment process: The Scheme Administrator will use the data reported by producers to issue invoices for the EPR waste management fees. Large producers should expect to receive an assessment of fees due after each reporting period (likely invoiced annually or biannually). There is also an annual registration charge payable to the environmental regulator for large producers (to cover the regulators’ administrative costs) – this is separate from the waste management fee. Small producers currently do not pay any fees (no waste management fee and no registration charge for small operators).
In summary, from 2025 a large producer will bear two main cost obligations under EPR: (1) buying PRNs/PERNs to meet recycling percentage targets for all its packaging, and (2) paying the EPR fees to fund council waste services for household packaging. This represents a significant increase in compliance cost compared to the pre-EPR regime. Businesses should budget accordingly – early estimates suggest the total annual costs for producers will “increase significantly for producers of packaging in the UK” under EPR. However, those costs are the mechanism to ensure producers, rather than the public sector, finance packaging waste management, thereby achieving the “polluter pays” principle.
Labelling Requirements
Ensuring packaging is clearly labelled for recycling is another component of the EPR reforms. The idea is to have mandatory recyclability labelling on all packaging so that consumers know whether an item can be recycled and how to dispose of it. Initially, the UK Government planned to introduce uniform recycling labels by 2024–2025 as part of the EPR regulations. Draft regulations required producers to label packaging as “Recycle” or “Do not recycle” (with the appropriate recycling symbol) by a set date.
Current status: The mandatory labelling rule has been temporarily postponed. In late 2023, Defra removed the labelling provisions from the immediate EPR legislation, citing the need for alignment and a smooth rollout. This means that as of 2024, there is no legally enforced uniform recycling label requirement under UK law. However, the government has reaffirmed its commitment to introduce a consistent UK-wide labelling system, likely in line with upcoming EU packaging rules, to minimize complexity for businesses operating internationally. The plan is to reintroduce mandatory recycling labelling through a legislative amendment by 2025.
What to expect: Businesses should anticipate that by 31 March 2026, all packaging will need to carry a recyclability label (the current indicative deadline). The label will likely state clearly if the packaging is widely recycled or not (“Recycle” or “Do not recycle”), using a standardized format/icons across the UK. This requirement will cover consumer-facing packaging and possibly grouped packaging as well. The aim is to improve household recycling rates by guiding consumer disposal behavior. While the exact designs and standards for the labels are still being finalized, producers are advised to prepare for future compliance – for example, by reviewing their packaging artworks and ensuring flexibility to add the required labelling by 2025/26. Many companies are already voluntarily adopting the On-Pack Recycling Label (OPRL) scheme or similar, which could dovetail with the eventual mandatory system.
In short, no new labelling is mandated in 2024, but businesses should stay informed and be ready to implement the mandatory recycling labels in the near future. Non-compliance once the labelling rules do kick in would likely result in products being considered non-compliant for sale.
Let us Explore Recent Updates and Changes to The Regulation (2024–2025)
The UK’s packaging EPR scheme is evolving, with several important updates in 2024 and 2025 that businesses need to be aware of. This period marks the transition from the old system to the full Extended Producer Responsibility regime. Here are the latest developments and changes (Expande the boxes below):
Deferral of First Fee Payments
As noted, the government decided to delay the introduction of EPR disposal fees by 12 months. The first producer payments for household packaging waste were originally set to begin in late 2024, but economic pressures and industry feedback led to a postponement. Now, producers will make their first EPR payments in 2025, based on 2024 data. Practically, this meant no new EPR invoices went out in 2024 (beyond the legacy PRN costs). Businesses welcomed this deferral, using the extra time to adjust and budget for the new fees in the next financial year. The policy intent, however, remains: in 2025, producers will start bearing those full costs.
New 2024 Regulations Enacted
The Packaging and Packaging Waste Regulations 2024 (SI 2024/1332) were made law in late 2024, coming into force on 1 January 2025. This statutory instrument cements the EPR framework – it repeals and replaces the 2007 Packaging Waste Regulations from the 2025 compliance year onward. Producers should familiarize themselves with the 2024 Regulations, as they contain the detailed rules (including definitions, formulas for fee calculation, offence provisions, etc.). The four UK nations jointly agreed to this single framework, ensuring a harmonized approach UK-wide. One notable addition in the 2024 Regulations is the formal requirement for a Joint Scheme Administrator and a single Producer Register, which didn’t exist under the old decentralized PRN system.
“Scheme Administrator” and Governance Setup
In 2024–25, the governments set up the governance structure for EPR. An expert organization has been appointed as the Scheme Administrator to run the financial operations of the scheme. Additionally, the idea of an industry-led Packaging Producer Organisation was introduced – a body representing producers’ interests that will work alongside the Scheme Administrator to implement EPR efficiently. This two-tier structure (government-appointed admin plus industry partner) is meant to streamline decision-making and scheme management. In February 2025, a UK Joint Policy Statement on EPR was published by Defra and the devolved administrations, which outlines the expected environmental outcomes and first-year deliverables for the Scheme Administrator. It requires the Scheme Administrator to publish a strategy by June 2025 and operational plans each year, detailing how it will achieve targets and improve recycling outcomes. For businesses, this means there will be increasing transparency about how their fees are used and what improvements (e.g. in household recycling rates or infrastructure) EPR is funding.
Changes to Small Producer Obligations
Throughout 2023–2024, guidance was updated to clarify the treatment of small producers. It was confirmed that small producers have no EPR fee or PRN obligation at least in the initial rollout. Their role is limited to reporting data so that the system captures a complete picture of packaging on the market. Earlier ambiguity about whether small firms might owe minimal fees was resolved – they do not. However, starting in 2024, small producers must register and will have to report data by April 2025 as discussed. This is a change from the old regime where companies under 50 t were entirely exempt (no reporting). The inclusion of smaller businesses in data reporting is intended to improve accuracy and prevent larger companies from avoiding obligation by splitting into smaller entities. Policymakers will review in future if any financial obligation might be extended to the small category (for example, a flat fee or contribution) – but for now, it’s data-only for small producers.
Nation-Specific Adjustments
While the EPR scheme is UK-wide, each devolved administration has been fine-tuning certain aspects. Wales, for instance, decided to backdate 2023 data reporting for their producers in a single submission by April 2024 (with an option to include early-2023 data). Scotland had initially planned its own deposit return scheme (DRS) in 2023 which indirectly interacts with packaging EPR – that scheme was delayed to at least 2025. Northern Ireland’s participation in EPR was complicated by its unique position under the EU Withdrawal Agreement, but NI is fully part of this UK EPR for now (with DAERA as the regulator). Producers should keep an eye on any devolved guidance – e.g. Wales has been particularly proactive in expecting better recycling outcomes, and may push for higher targets or quicker introduction of labelling once EPR is settled.
Future Recycling Targets
The UK’s packaging recycling targets are due to increase in line with both domestic and international goals. EPR is a tool to achieve higher targets set for 2025 and 2030 (such as the UK’s targets for recycling 50%+ of plastic packaging by 2025, etc., and commitments under the Circular Economy Package). In late 2024, consultations indicated that material-specific recycling rates required from producers will be raised in coming years. This will affect the number of PRNs producers must buy. However, EPR’s funding is expected to boost recycling capacity, ideally making PRNs more available. In practical terms, businesses might see their required PRN tonnages go up, but PRN prices might stabilize if the system works to increase recycling supply.
Plastic Packaging Tax & Other Measures
Although separate from EPR, it’s worth noting related regulations: the Plastic Packaging Tax (PPT), effective April 2022, remains in force. PPT charges £210.82 per tonne (2024/25 rate) on plastic packaging with less than 30% recycled content. This tax operates alongside EPR – so a producer of plastic packaging could pay the PPT (if using mostly virgin plastic) and EPR fees. The government signaled no immediate changes to PPT as EPR comes in, but they are monitoring potential overlaps. Additionally, the UK is implementing bans on certain single-use plastics and promoting a Deposit Return Scheme (DRS) for beverage containers (Scotland’s now delayed to Oct 2025, England/Northern Ireland to 2025/26). These initiatives complement EPR by reducing problematic packaging and capturing recyclable materials. Businesses should thus stay informed on all fronts of packaging regulation to ensure comprehensive compliance.
Mandatory Recycling Labelling (Postponed to 2026)
As discussed, the requirement for consistent recycling labels on packaging has been deferred. The government confirmed in September 2024 that it removed the labelling provision from the first phase of EPR, to avoid rushing its implementation. However, companies should not be complacent – the policy will be revisited in 2025, with a likely compliance deadline in 2026 for adding labels. Expect guidance on approved label designs by 2025. Many businesses are already using the OPRL scheme labels (“Recycle | Check Local | Don’t Recycle”), which might form the basis of the mandated system. Keep an eye out for that update so you can update packaging artwork in time.
How to Comply: Steps, Authorities, and Penalties
Complying with the UK’s packaging EPR involves a series of steps and ongoing duties for businesses. These are very crucial as non compliance will not only defy your organisation of the opportunities but it could lead to some heft fines too. Here is a summary of how your organisation can ensure compliance, the timeline of obligations, who oversees the system, and the consequences of failing to comply:
Compliance Steps and Timeline
Determine Your Obligation: First, assess if your business is in scope of the regulations. Check your last annual turnover and the total tonnes of packaging handled in the previous year If you need help in collecting and managing your waste data and reporting them please give us a call and one of our consultants can guide you through your needs in a free consultation). If you meet the £1 million/25 tonnes threshold (and are not exempt as a charity), you have duties under EPR. Identify which packaging activities you perform (branding, packing, importing, etc.) to understand your role. If you are below the threshold, maintain records in case of growth, but no action is required except monitoring annually if you might exceed the limits.
Register with Authorities: Once obligated, register on the government’s EPR packaging portal (National Packaging Waste Database) or via an approved compliance scheme. Important Timeline: Large producers should have registered by mid-2023; small producers by early 2024. New businesses that become obligated must register as soon as they meet the criteria. Registration involves providing company details and possibly an initial data submission. There is also an annual registration fee for large producers (handled through the portal) – Again Speak to our expert waste consultant for support through this process(Fill form here).
Data Collection Systems: Set up internal systems to record all packaging data continuously. This may involve working with suppliers to get packaging specifications, weighing packaging components, and tracking sales by region. You’ll need to capture: material weights (in kilograms), packaging type (primary/secondary etc.), what percentage is likely household vs business end-use, and nation distribution. Many businesses use spreadsheets or specialized software to compile this. Data must be recorded from the start of the obligation period (e.g., from January 2023 or from the point you crossed the threshold).
Submit Reports on Schedule: Prepare and submit packaging data reports by the required deadlines. Large producers submit two reports each year (covering Jan–June and July–Dec) – typically due 6–9 months after the period ends. Small producers submit one annual report (due by 1 April of the following year). The reporting is done online; regulators provide templates to structure the data correctly. Ensure the data is reviewed and signed off at a senior level, as it will directly impact your fees. If you miss a reporting deadline, contact the regulator immediately – late submissions can incur a fixed penalty and the regulator may still require the data.
Pay Fees and Buy PRNs: Based on your data, calculate or await confirmation of your obligations:
PRNs: Figure out your recycling obligation (tonnes) by material for the year. By the end of the compliance year (usually by December), purchase sufficient PRNs/PERNs from accredited reprocessors or exporters to cover those tonnes. If you’re in a compliance scheme, the scheme will typically do this for all members and charge you your respective share. You need to keep records of PRNs acquired as you will need them for the annual compliance certificate.
EPR Fees: In mid-2025 (once 2024 data is in), the Scheme Administrator will calculate your waste management fee for 2024 and invoice accordingly. Be prepared to pay the fee in 2025 (likely around October 2025 for the first payment). Going forward, fees might be collected quarterly or annually – details will be in guidance from the Scheme Administrator. Ensure timely payment to avoid interest or enforcement actions. Budget for these fees as a new operating cost. (Reminder: no fee was due in 2024 apart from the existing PRN costs.)
Product Labelling (this is a future step): Although not required yet, You will do well by planning to implement recycling labels on packaging by 2025–2026. Start coordinating with packaging designers and printers to leave space for a recycle/do-not-recycle message. Stay updated with Defra announcements on the exact labelling rules (expected to be confirmed in 2025). Early compliance (voluntarily adding labels according to expected standards) could smooth the transition.
Ongoing Compliance and Record-Keeping: Continue to monitor your packaging outputs each year. If you introduce new packaging formats or materials, consider recyclability and potential fee impacts (e.g. switching to a more recyclable material could lower future fees). Keep all documentation of data, invoices for fees, PRN certificates, and any communication with regulators for at least 7 years. Each year, repeat the cycle: data collection, reporting, PRN purchase, fee payment. If your business growth changes your category (e.g. you were small and now exceed 50 t), be ready to take on the larger obligations (joining a compliance scheme can be helpful at that point).
Compliance Scheme Option: At any point, a producer can choose to join a Packaging Compliance Scheme. These are industry-run organizations approved by regulators to collectively fulfill obligations for members. A compliance scheme will register on your behalf, submit data, purchase PRNs, and sometimes handle fee payments, in exchange for a fee. This can simplify compliance, especially for smaller companies or those new to the system in is officially approved under the 2024 Regulations. (Schemes themselves have strict conditions and must register by April 2025 for the new regime.)
Following the above steps and keeping aware of regulatory updates, businesses can comply and avoid penalties. It’s advisable to designate a responsible person or team (e.g. an environmental manager or finance officer) to oversee EPR compliance, given its ongoing nature and data intensity. Regulators have also provided detailed guidance documents and even helplines for producers who need assistance.
The Authorities Responsible For Oversight
Multiple bodies are involved in administering and enforcing the packaging EPR:
Environmental Regulators: These are the agencies in each UK nation – the Environment Agency (England), Natural Resources Wales, the Scottish Environment Protection Agency (SEPA), and the Northern Ireland Environment Agency (NIEA). They are responsible for registration, data collection, and compliance monitoring. Businesses interface with these regulators when submitting data or applying for compliance scheme approval. The regulators check submissions, maintain the producer register, and have powers to enforce the rules (including auditing companies). For example, the Environment Agency has published a monitoring plan on how it will verify that businesses are meeting their obligations.
Scheme Administrator: A central Scheme Administrator is established to manage the financial side of EPR. This body (likely a government-appointed not-for-profit entity) will calculate fees, invoice producers, and distribute funds to local authorities for the cost of recycling services. It also will handle payments for national recycling communications campaigns funded by EPR. The Scheme Administrator operates under oversight of the four governments, and must publish annual plans and reports to demonstrate it’s achieving the scheme’s outcomes. Producers will mainly see its role in the form of fee notices and guidance on fee formulas.
Producer Compliance Schemes (PCS): These are private entities that producers can join to delegate their obligations. They must be approved by regulators (meeting the requirements in the 2024 Regulations) and are regularly audited. A compliance scheme takes on the legal responsibility for its members’ data reporting and PRN procurement. Under the new EPR, schemes will likely also facilitate the fee payments for members. Notable schemes include Valpak, EcoSurety, Clarity, etc., which have been operating under the old regs and now adapt to EPR. They also provide consultancy to help companies understand the new rules.
UK Government and Devolved Administrations: Defra (for England) in coordination with the governments of Wales, Scotland, and NI, is in charge of the policy and legislative framework. They will continue to issue guidance and any necessary amendments. For instance, Defra and the devolved administrations jointly issued a policy paper in early 2025 outlining the goals for the first year of EPR and expectations of the Scheme Administrator. While day-to-day enforcement is via the regulators, the overall direction (e.g. setting fee levels, rules for labelling, targets) comes from these government bodies.
Local Authorities: While not regulators of producers, local authorities are key stakeholders – they will be recipients of EPR funding. Councils will work with the Scheme Administrator to report their costs and performance, ensuring the fees paid by producers are used to improve recycling services. In turn, producers may eventually see data on how their funds contributed to recycling outcomes (closing the feedback loop of EPR).
Penalties for Non-Compliance
Failure to comply with the Packaging EPR regulations can lead to enforcement actions, ranging from financial penalties to criminal prosecution in severe cases. The authorities take non-compliance seriously, as the system relies on accurate data and payments to function effectively. Here are the potential consequences:
Fixed Monetary Penalties: For certain offences (especially administrative lapses like missing a reporting deadline or minor inaccuracies), regulators can issue fixed fines. For example, a producer who fails to register or report data on time might receive a fixed penalty (commonly around £1,000 for a missed report, increasing if not paid promptly – exact amounts are set in enforcement policy). These fixed penalties do not typically require court action; they are like a fine notice that the business must pay.
Variable Monetary Penalties: More serious breaches – such as significantly under-reporting packaging or failing to obtain enough PRNs (thus not meeting recycling obligations) – can attract heavier fines. Regulators can calculate a penalty proportional to the harm or cost avoided. Under earlier regulations, fines could be tens of thousands of pounds; under EPR, given higher stakes, they could be even larger if a big company simply refused to pay fees. The 2024 law allows civil penalties to be imposed up to certain caps or even uncapped in some cases (subject to court approval).
Enforcement Undertakings: In some cases, a business may be allowed to offer an enforcement undertaking – essentially a formal promise to take specific actions to make amends, which the regulator can accept instead of a fine. For instance, a company that failed to meet its recycling obligation might offer to fund an equivalent amount of recycling or invest in a recycling project as a remedy. If the regulator agrees, this can resolve the offence without litigation. However, undertakings require the company to come forward proactively when a breach is discovered.
Criminal Prosecution: Major or willful non-compliance can lead to criminal charges. Under the regulations, it is a criminal offence to fail to comply with certain requirements (such as knowingly submitting false information or intentionally avoiding obligations). Prosecutions would typically target severe cases or repeat offenders. Upon conviction, courts can levy unlimited fines (environmental offences in the UK can carry very high fines, in the order of magnitude of company turnover for large-scale breaches). Although imprisonment is not typical for these regulatory offences, company directors could face personal liability in extreme cases of negligence or fraud. The mere act of being prosecuted can damage a company’s reputation significantly.
Revocation of Registration: For compliance schemes (and potentially for individual producers in egregious cases), the regulator can withdraw approval/registration if the rules aren’t followed. For a producer, being effectively “deregistered” could mean they are barred from legally selling their products until compliance is restored. For a compliance scheme, losing approval would force its member companies to scramble to register elsewhere. This is a strong incentive for schemes to ensure all their members comply.
In practice, the Environment Agency and other regulators will likely adopt a risk-based, proportional approach. Minor first-time issues might get a warning or improvement notice; serious failures will escalate to penalties. The Environment Agency’s monitoring plan (for England) outlines how it will check compliance annually and take action where needed. Companies should treat EPR obligations as an important compliance area just like product safety or tax – with diligent record-keeping and prompt action to rectify any issues. The safest course is to submit accurate data, meet all deadlines, and pay fees/PRNs as required. That will keep your business on the right side of the law and contributing its fair share to a more sustainable packaging lifecycle.
Highlighting the benefits and challenges of the EPR Legislation?
The main benefit of the UK’s new EPR legislation is that it fills a financial gap in the current waste collection system, which places a huge financial burden on Local authorities.
The new EPR law will be brought in on top of the existing PRN system, which was introduced in 1997, it shares the goals of supporting the UK recycling system and introducing a shared responsibility for the packaging brought to market.
Since the PRN’s introduction, there has been a marked increase in products brought into the market alongside the way we consume them, which has resulted in a significant increase in packaging waste. Over the same time, there have been no adequate changes to the scheme.
As a result, a huge financial gap has been created in the collection of waste, which has largely been passed to local councils through tax.
The new EPR law aims to raise an estimated £1.7 billion per year for all packaging types.
But there are also challenges to implementing this EPR law — the main one being that all businesses need to be notified of these new charges and should ensure they’re compliant before introducing the scheme.
The packaging waste recycling target also poses a challenge for the UK EPR law — currently standing at 51% for 2024, and increasing to 62% by 2030.
This target takes into account the introduction of a collection scheme for films and flexibles by March 2027 (This is under the Simpler Waste Regulation). Before these targets, the business packaging waste recycling target for 2023 will be the same as 2022, to allow businesses to prepare for the full implementation of EPR.
How Nimble Legacy can support your EPR Compliance
We provide expert EPR compliance support to businesses navigating the new extended producer responsibility for packaging (pEPR) compliance. Our Packaging Compliance and Data Management services ensure that businesses meet their legal obligations efficiently while minimising costs and staying compliant. We help companies by:
- Explor Procurement of PRNs through an established network of accredited reprocessors and exporters
- Managing compliance reporting with accurate data collection and submission
- Optimising packaging strategies to overall cost of waste, as well as reduce compliance costs and improve sustainability
- Combine your EPR Obligation with your sustainability development, including reporting
Our expert Procurement team secures PRNs for our customers while supporting the UK’s recycling infrastructure.
References and Links
Sources: Recent UK Government guidance and policy documents on packaging EPR ( Extended producer responsibility for packaging: who is affected and what to do – GOV.UK ) ( Extended producer responsibility for packaging: who is affected and what to do – GOV.UK ) ( Extended producer responsibility for packaging: who is affected and what to do – GOV.UK ) ( Extended producer responsibility for packaging: who is affected and what to do – GOV.UK )
official regulations and impact summaries (Extended Producer Responsibility Updates January 2025 – Law Print & Packaging Management) (Extended Producer Responsibility Updates January 2025 – Law Print & Packaging Management)
industry compliance guides and updates (Extended Producer Responsibility (EPR) Latest Updates | FlameUK) (What do I pay for? Understanding producer obligations under the UK’s new Packaging Extended Producer Responsibility Regulations – News and Blogs)
Defra announcements (A Guide to Labelling Requirements Under EPR for Packaging in the UK | Clarity) (A Guide to Labelling Requirements Under EPR for Packaging in the UK | Clarity)
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