The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 came into force on 1 January 2025 and introduce new legal obligations for packaging producers under the extended producer responsibility regime for packaging in the UK, also referred to as pEPR.
The pEPR is being introduced under powers in the Environment Act 2021 to ensure packaging producers pay the full net cost of managing their products at end of life to incentivise them to design their products with sustainability in mind.
The key obligations under the regulations are that packaging producers must register their organisation, report packaging data, and ensure their products are collected and recycled or recovered properly.
An organisation must comply with the regulations if it meets all of the following criteria:
Businesses need to be aware that even if they fall below the above thresholds or are otherwise exempt, it may still have obligations to collect and report certain data, particularly if the business is part of a larger group of companies or operating as a franchise or online.
A packaging producer includes the performance of any of the following activities in the UK:
Large organisations, packaging producers whose turnover exceeds £2 million and whose total packaging for all packaging activities exceeds 50 tonnes, must:
Small organisations - that is, packaging producers whose turnover exceeds £1 million and whose total packaging for all packaging activities between 25-50 tonnes, must:
Both civil sanctions and criminal prosecution are available for non-compliance. Most producers are expected to join a compliance scheme to meet their obligations.
At any point, the Environment Agency may audit your data. Maintaining comprehensive, accurate records is key to ensuring pEPR compliance and avoiding potentially very large penalties. Here are some thoughts on good record keeping and approaches to compliance generally:
There is a range of potentially serious civil sanctions available to the Environment Agency in enforcing the pEPR.
A fixed monetary penalty of £1,000 may be issued, increasing to £1,500 if not paid within 56 days, where producers fails to keep required records or fail to supply information requested by the agency. A variable monetary penalty of up to a maximum of £3 million may be issued in relation to more serious breaches, such as failing to register as a producer or failing to report packaging data. In addition to any civil penalty, the Environment Agency may seek to recover its enforcement costs.
As an alternative to a civil penalty, a business that face a civil penalty could make a voluntary offer to put right the effects of a breach, its impact on third parties and to make sure it cannot happen again, known as an enforcement undertaking.
For further information or advice, please contact the business risk and regulation team.