The Department for Environment, Food, and Rural Affairs (Defra) has issued the latest run of updates to its packaging Extended Producer Responsibility (EPR) guidance this month that includes new insight on co-branded products.
Steps to make it easier for consumers to recycle packaging waste moved closer last month when reporting requirements for packaging EPR officially came into force.
All obligated packaging producers across England, Northern Ireland, and Scotland must now be collecting information on the amount and type of packaging they have supplied during 2023 to submit the first reports in October this year.
But while data gathering is now officially under way, there remained question marks over numerous areas of the EPR guidance, namely who would be liable for providing data when it comes to co-branding in product packaging, what the reporting guidelines mean for online marketplaces, and how should reusable packaging be reported under the system?
This month, Defra has acted to shed more light on the situation.
Co-branded products
Updates to the guidance explain that in a situation where two or more logos are displayed on a product, companies supplying the packaging will hold the obligation to submit data and pay fees. For instance, a carton may display a drinks company brand and the packaging manufacturer’s brand (such as Tetra Pak). It is in this case that the drinks company will submit data and pay fees on it, as they supply the carton to the consumer.
Reporting by online marketplaces
Online marketplaces, under EPR, will be defined as ‘any organisation operating a website of app that allows non-UK businesses to sell their goods into the UK.’ This means platform owners that only enables UK businesses to sell their goods won’t be obligated to collect and report data and pay fees. However, they may well have obligations as a brand-owner or a pack/filler of unbranded packaging.
However, online marketplaces must report any filled or unfilled packaging supplied by an organisation not based in the UK, that is supplied to the UK. They must also send a description of the data collection method used to the relevant environmental regulator.
Reporting reusable packaging waste
New updates to the EPR guidance act to define reusable packaging waste as waste that has been re-used and refilled at least once but is no longer being used as packaging, and has been recovered from customers. An example of this is a laundry detergent bottle in a refill scheme that has been returned by the customer for recycling.
Reusable packaging will be reported on and paid for once by the liable producer, the first time it is supplied and will be reported into two categories – primary and non-primary. The packaging data should also be recorded into the main household and non-household sections of the submission and can also be used to offset costs, if collected directly from customers.
Data collection timing and reporting
While it didn’t become law to collect packaging data in 2023 for the first submission until 1st March, this data will need to cover January to June. This means producers that have recorded data from January should submit it, but those who have only recorded from March 2023 should submit what they have. The scheme administrator will estimate the data for the missing period.
With a slew of legislative updates hitting UK producers in the coming months and years, Products of Change is working to arm is members with the most up-to-date information on changes to be expected and how they will impact you.
We will be hosting our next Packaging Workstream Webinar on the Products of Change platform on Tuesday, 23 May at 4pm GMT. The session will be led by Mike Swain, Products of Change’s Ambassador for Packaging as he discusses the latest updates to the Extended Producer Responsibility tax.
POC members can register your attendance here. Non members can get in touch with the team at Rob@productsofchange.com for more information about joining and taking part in our online webinar and learning sessions.
