Extended Producer Responsibility Statutory Instrument (SI)

We have recorded the Extended Producer Responsibility (EPR) Statutory Instrument (SI) presentation.  You can watch it on YouTube. Additionally, at the Business Readiness Forum (BRF) on 28 March 2023 we provided answers to questions on the Statutory Instruments (SI) – these are listed below. 

Statutory Instrument (SI) - Data reporting and clarification Questions & Answers

Question: In a previous session before Christmas, Defra said that there would be a flat file template that businesses can download to help with the collation of their data for Extended Producer Responsibility (EPR) and Nation of Sale returns. You have released the codes, but not a file itself, is this something business can expect soon or not?

Answer: Yes there is an intention to release an example file.  We will update industry with a release date soon. 

Question: How are we meant to develop our systems to capture all of this data if we do not yet have sight of the final Statutory Instrument (SI)? Will the latest guidance on the packaging data file specification (published last week) therefore be updated? 

Answer: The guidance was issued last week, and the data file that will come out shortly, takes account of everything spoken about in this session.  This is in line with policy intent and as clarified in the guidance.

Please refer to the Statutory Instrument (SI) recording on YouTube for additional information. EPR Statutory Instrument SI Webinar - YouTube

Question: A manufacturer who sells to trade merchant who then sells to the trade, despite it not being household packaging, under the rules I have read, because the merchant doesn’t remove the packaging then it has to be classed as household packaging. This isn't fair, will it be amended to accommodate for this?

Answer: Please refer back to the webinar on Household and Non-Household packaging for further details.  Household and non – Household Packaging Guidance - YouTube The approach will be looked at in the future for possible review at the next phase of the scheme. 

Question: Distributors are classed as being the manufacturer/importer of packaging who supplies it to a small producer. What about in a scenario where the manufacturer supplies it to a wholesaler that is a large producer, who then supplies to a small business. Is the wholesaler classed as a distributor even if they didn't manufacture/import the packaging, or vice versa?

Answer: In 2023, if the packaging is sold by a manufacturer/ importer to a wholesaler, the wholesaler isn’t classed as a distributor and that packaging won’t be captured in the system and falls out of obligation. 

From 2024 onwards there will be an amendment to the regulations that will give further clarity. If the distributor sells to a large producer where they are selling to a filler or brand owner (so if they sell to a wholesaler), then the distributor will pick that up under the distributor obligator.

Question: As glass is now excluded from the Deposit Return Scheme (DRS) in England, when does DEFRA intend to add it to the list of bin littered packaging within the Data Statutory Instrument (SI) to ensure the cost of littered glass beverage containers is picked up alongside other non Deposit Return Scheme (DRS) items (cartons etc)? The current list is based on historic data and therefore does not account for litter distribution in a post Deposit Return Scheme (DRS) landscape? 

Answer: The data collation and reporting Statutory Instrument (SI) is just that, when data is reported into gov.uk within the Statutory Instrument (SI), it will be clear that glass will carry a bin cost obligation. It is purely within the data Statutory Instrument (SI) and is just about reporting fields, we will clarify those obligations in the EPR Statutory Instrument (SI).

Question: With all these amendments to be introduced, and Welsh regulations. lagging behind - how is Defra expecting businesses to report accurately from July 2023? If reporting requirements are keep moving?

Answer: The clarifications we are making are in line with what was originally set-out. Producers should be preparing and collecting data now. The Welsh regulations will come in later, however, where you have data, you will be required to report by the earlier timeframes.

Question: Just to clarify, will the importer discarded packaging be obligated this year, or from 2024?

Answer: You are obligated this year so you are already required to collect this data. 

Question: Would we be classed as an importer for the transit packaging used to import some of our packaging components on our drinks containers? 

Answer: Yes if you are importing a pallet load of goods you would be obligated for that pallet and shrink wrap as the importer.

Question: So the Packaging Waste Recovery Note (PRN) system will in future be governed by the Extended Producer Responsibility (EPR) Statutory Instrument (SI), and not the 2007 Regulations, is that right?

Answer: Yes.

Question: The fuel gas sector have re-useable gas cylinders where ownership is retained at all times even when going to the household. They are taken back, repaired, reconditioned and recycled. They also fund collecting them from Household Waste Recycling Centre’s (HWRCs) if not taken back to distributor for the deposit refund. Presumably these can be excluded from household packaging with the exception of disposables like plastic caps. Only leakage from the system likely to be theft. 

Answer: This is a specific question which may need further details for a response from the regulator, although it did prompt further comments around reusable materials. Through the amended Statutory Instrument (SI), producers will be allowed, if they have established reuse systems, and where packaging has been reused at least once, (where that packaging reaches the end of its life and the producers have evidence of that reuse), they will be able to use that evidence to offset their ‘placed on the market’ tonnage. 

Question: Missing all of the packaging removed from imports in the first year will have a massive impact on UK Packaging Waste Recycling Note (PRN) obligation generated - in particular it will wipe out 30% of the UK wood obligation and the knock-on effect to the Packaging Waste Recycling Note (PRN) system will be huge. Will anything be done around targets for the first year to limit that damage?

Answer: This packaging will be captured and producers will be expected to report the discarded packaging so there should be no impact on the Packaging Waste Recovery Note (PRN) system.