September 2023
EPR Update
At this weeks DEFRA Business Readiness Forum the Government announced that they will not take any enforcement action providing data for 2023 under the new EPR data reporting requirements is submitted by 31st May 2024. This is a significant change as Large Producers were originally expected to submit data for the period ending 30th June 2023 by 1st October 2023.
Defra would still like companies to submit their data to the original deadlines in order to aid the calculations of the likely cost of EPR although there is no legal obligation to do this until 31st May 2024.
Please see the full announcement below.
If you require further assistance, please contact the EPR helpline at [email protected].
Extended Producer Responsibility (EPR) - Reporting Packaging Data
As you are aware, the EPR payments for packaging have been deferred for 12 months and will not apply until October 2025. In light of this, and to support producers, the Environment Agency (Regulator in England) and the Scottish Environment Protection Agency (Regulator in Scotland) have now issued a Regulatory Position Statement (RPS) which confirms no legal enforcements will be taken as long as data, as per the regulations, is submitted by 31 May 2024 for businesses registered in England and Scotland.
Read the England Regulatory Position Statement
Read the Scotland Regulatory Position Statement
Notwithstanding the publication of the statements for businesses registered in England and Scotland, we encourage obligated producers to use all reasonable endeavours to report packaging data by the current reporting dates of 1 October 2023 and 1 April 2024, wherever possible.
This packaging data is vital to our work and will be used to improve the modelling of illustrative base fees, which we know obligated producers need to plan effectively for their businesses. Without this reported packaging data, we cannot provide producers with the indicative costs they urgently require.
The more data we have to work with the more accurate the illustrative base fees will be. We will share these first estimates by the end of 2023/early 2024.
Please note: the publication of the Environment Agency for England and Scottish Environment Protection Agency – Regulatory Position Statement’s does not impact any obligations you may have under The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 and if obligated under these regulations you will need to continue to comply throughout 2024.
Report Packaging Data (RPD)
To report packaging data producers need to enrol through the online Report Packaging Data service. Once registered, producers (or their representatives) can start to submit their data from 13 September 2023.
Video guidance to support with enrolment is available on YouTube:
If you have any questions about the England Regulatory Position Statement, please contact the Environment Agency, and for the Scottish Regulatory Position Statement, please contact the Scottish Environment Protection Agency.
If you have questions about enrolling onto the online Report Packaging Data service, please contact the EPR helpdesk on 0300 060 0002 or email Customer Services.
Questions and Answers
Question: Does the Regulatory Position Statement (RPS) issued by the Environment Agency apply to Northern Ireland, Scotland and Wales?
Answer: These statements issued by the Environment Agency and Scottish Environment Protection Agency only apply to England and Scotland.
Northern Ireland and Wales have not issued Regulatory Position Statements.
Question: What is the situation in Northern Ireland?
Answer: This RPS does not apply in Northern Ireland, however the Northern Ireland Environment Agency (NIEA) encourages obligated producers to use all reasonable endeavours to report packaging data.
This packaging data is vital and will be used to improve our modelling of illustrative base fees, which we know obligated producers need to plan effectively for their businesses.
Question: What is the situation in Wales?
Answer: Reporting packaging data for obligated producers does not come into force for businesses registered in Wales until April 2024.
Natural Resources Wales is considering a regulatory decision to align with the 31 May 2024 reporting set out in the England Environment Agency and Scottish Environment Protection Agency Regulatory Position Statements.
The Welsh Government is encouraging obligated producers to use all reasonable endeavours to report packaging data from October 2023. This packaging data is vital and will be used to improve our modelling of illustrative base fees, which we know obligated producers need to plan effectively for their businesses.
Question: Does this mean I do not need to collect and report packaging data?
Answer: It is a legal requirement as per the EPR data regulations to collect and report packaging data. The RPS confirms no legal enforcements will be taken as long as data, as per the regulations, is submitted by 31 May 2024 for businesses registered in England and Scotland.
Question: What does the RPS mean if I still need to report packaging data?
Answer: The RPS does not overwrite the legal requirements for obligated producers to collect and report packaging data.
Question: I’m a member of a compliance scheme, do I still have to submit my data to them by 1 October 2023?
Answer: The RPS also applies to producer compliance schemes submitting data on behalf of their members, as well as those submitting data directly to the regulators. We strongly recommend you contact your compliance scheme to understand the timelines for submitting data to them.
Question: You don’t need this data to work out the fees we need to pay until 2025. Why don’t you defer the need to collect and report data till 2025?
Answer: The need to collect and report packaging data is a legal requirement under existing regulations. Without this reported packaging data, we cannot provide producers with the indicative costs they urgently need.
The more data we have to work with the more accurate the illustrative base fees will be. We will share these first estimates by the end of 2023/early 2024.
Question: What if I cannot comply with this RPS?
Answer: If you operate under this RPS but can no longer comply with it, you must immediately contact the Environment Agency, if registered in England, and the Scottish Environment Protection Agency, if registered in Scotland.
Question: What if I have any further questions?
Answer: If you have any questions about the two RPS published, please contact the Environment Agency for England or the Scottish Environment Protection Agency for Scotland.
