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:
·
Account creation
·
Choosing a compliance scheme
·
Producer enrolment
·
Compliance scheme enrolment
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.