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The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023

Overview

The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 are an essential development in the management of packaging waste in England. These regulations, which amend the Packaging Waste (Data Reporting) (England) Regulations 2023, aim to ensure that producers of packaging fulfill their obligations regarding data collection and reporting.

The primary objective of the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 is to enhance the Extended Producer Responsibility (EPR) scheme for packaging. Producers of packaging are now required to collect and report data on the amount and type of packaging they place on the market. This data is crucial for calculating the fees producers will need to pay to cover the costs of managing packaging waste under the EPR scheme, starting from 2024.

The amendments introduced in these regulations address specific areas that need improvement. They aim to ensure that packaging producers submit all the necessary information to calculate their 2024 obligations accurately, include all relevant packaging within the reporting requirements, and close any existing loopholes.

The key requirements of these Regulations include:

  • Producers are now required to collect and report data on the packaging they supply. The regulations outline specific thresholds based on annual turnover and the amount of packaging handled per year.
  • Producers with an annual turnover of £1 million or more, handling more than 25 tonnes of packaging annually, must collect data starting from March 2023.
  • Producers with an annual turnover of £2 million or more, handling more than 50 tonnes of packaging per year, are additionally required to report this data by October 2023.

The amendments introduced by these regulations focus on addressing gaps and clarifying reporting requirements, aligning them with the digital system producers will use to submit their data. They also provide further guidance on reporting reusable and refillable packaging, allowing producers with re-use systems to offset packaging at its end of life through appropriate reprocessing.

The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 represent a significant step forward in the management of packaging waste in England. By strengthening the Extended Producer Responsibility scheme for packaging, these regulations impose data collection and reporting requirements on producers, ultimately encouraging the reduction of packaging and improvement in recyclability.

The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 were made on the 28th of June 2023 and came into force on the 30th of June 2023.

The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 apply to England.

Do the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 affect my business?

The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 apply to a wide range of businesses involved in packaging production and supply. Producers of packaging, including both large-scale operations and smaller enterprises, are directly affected by the requirements outlined in the regulations.

Furthermore, the amendments bring clarity to situations where packaging carries multiple brands or includes products from different brands, such as food hampers. These provisions ensure that businesses operating in such contexts can fulfil their reporting obligations.

The amendments introduced in these regulations address specific gaps, close loopholes, and clarify reporting requirements. While businesses involved in packaging production and supply may need to make adjustments, the overall impact is considered minimal. The regulations aim to streamline reporting processes, ensuring accurate data submission and facilitating the transition to a more sustainable packaging industry in England.

Do I need the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 in my ISO Compliance Register?

These regulations apply to a wide range of businesses involved in packaging production and supply. Producers of packaging, including both large-scale operations and smaller enterprises, are directly affected by the requirements outlined in regulations, and will therefore need to include them in their ISO Compliance Register.

Furthermore, the amendments bring clarity to situations where packaging carries multiple brands or includes products from different brands, such as food hampers. These provisions ensure that businesses operating in such contexts can fulfill their reporting obligations accurately.

Legislation related to the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023

Legislation related to the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 include:

  • The Packaging Waste (Data Reporting) (No. 2) (Amendment) Regulations (Northern Ireland) 2023
  • The Producer Responsibility Obligations (Packaging Waste) Regulations 2007
  • The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007
  • Directive 94/62/EC on packaging and packaging waste

More information

Visit the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023 article on the legislation.gov.uk website.

Create an account in the ISO Compliance Register App and add this article (in which you will find the Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023) to your Register.