Extended Producer Responsibility packaging definitions Q&A

Read on for some helpful Extended Producer Responsibility packaging definitions.  You can watch these back on YouTube. Additionally, at the Business Readiness Forum (BRF) on 18 April 2023 we collected questions. Answers to these are listed below.

Questions & Answers

Question: When will the new website portal be live for producers to register and submit data?

Answer: The registration portal and ability to submit live data should be available for producers in early July 2023.  There are some areas to finalise on the build and testing, then it should be available.

Question: Has Defra published the indicative Extended Producer Responsibility (EPR) rates by material? If not, when can we expect them?

Answer: The estimated Extended Producer Responsibility (EPR) base fees has not been published as yet and we are currently awaiting internal clearance. Defra is aiming to provide this information at the earliest opportunity. 

Question: When will we have an idea of costs, and then who is managing the modulated fees. Will this be the role of the Scheme Administrator (SA)?

Answer: Fee modulation will be introduced in year two of Extended Producer Responsibility (EPR).  We intend to publish the modulated fee rates ASAP at the end of the summer and before the end of the year 2023.  The Scheme Administrator (SA) will be responsible for determining which materials will be subject to modulated fees and for determining the scale of those rates. In advance of the SA existing, Defra and Devolved Administrations (DAs) are working to enable the SA to consult with producers once it’s established.

Question: We sell products direct to consumers and also sell direct to salons/spas etc. For the product that is sold to salons, some of this product is used in-salon on customers during treatments etc, and some of the product is retailed by the salon to their customers (for the customer to take home). Is the product used in-salon reported differently to that sold by the salons to their customers - i.e. is it still considered household waste?

Answer: The products that you supply to the salon and the salon uses themselves, and therefore use as their business, the salon is the end-user. This could be classified as non-household packaging, provided the producer could give evidence the packaging was supplied directly to the end user that is the business.  This is different for products supplied to the salon that are further supplied on to their customers to take away to use at their home.  This has not been sold directly to a business who is the end user so that packaging would be considered to be household packaging.

Question: Where/when can we access the updated agreed positions document please?

Answer: There is currently an agreed positions document for the 2007 producer regulations which is hosted on the guidance page of the NPWD (National Packaging Waste Database) website.  We are working on an agreed positions document very similar to that one, specifically for the Extended Producer Responsibility (EPR) data regulation. It won’t revoke the 2007 document and will be in parallel and published in the same place. Version 1 of this document is currently being finalised and agreed with other nations’ regulators to ensure a consistent approach.  We will include a link to the document in the next newsletter.

Question: Is there a document available with all of this for easier reference?

Answer: As previously referenced, the information at these forums and past events have been published in the newsletter with FAQs and Q&As, plus recordings on YouTube.  We will be issuing a copy of the Q&A in the next newsletter, plus this forum is being recorded so all attendees automatically get the link.  There is also a recording just of the Q&As taken at this BRF which will be issued in the newsletter.

Further useful links below:

Household and Non-Household Packaging: HH and NHH recording - Household and non – Household Packaging Guidance - YouTube

DRS: DRS recording - Deposit Return Scheme for Drinks Containers - YouTube

PRNs and EPR: PRN and EPR Presentation - YouTube

Nation Data Sales: Nation of Sale Data Webinar - YouTube

Statutory Instrument: EPR Statutory Instrument SI Webinar - YouTube

Question: We have been working hard to move all our plastic packaging to PCR/partial PCR plastic. At the moment, there is no requirement to report virgin v PCR plastic, and therefore, with this scheme, no fee-based incentive to use PCR plastic - all plastic is treated the same. Are there plans for this to change in the future, and for PCR plastic to be treated and charged separately to virgin plastic?

Answer: At the moment there is no requirement to report virgin plastic as opposed to PCR plastic (Post-Consumer Recycled material).  At the beginning all plastics will have the same fee but the Scheme Administrator (SA) will have the ability to adjust that if they feel there is a case for lower fees for PCR plastics.

Question: If exports do not need to be reported does that mean there's no discount in fees for that packaging? So we are conceivably paying the fee in the UK and in the country we export to?

Answer: Packaging that is not supplied in the UK is not subject to External Producer Responsibilities (EPR).

Question: Will you send out slides, would be good to be able to review slides in more detail rather than via recording please?

Answer: The recording will be automatically issued to all participants after the event but the actual slide deck will not be issued out.  There will also be the Q&As issued out in the next newsletter together with a recording of just the Q&A on packaging definitions.

Question: If there is a lower registration rate and therefore lower tonnage declared, are the Local Authority (LA) costs then spread over that lower tonnage?

Answer: If you produce less packaging, supply less packaging then yes the fees will be lower as they are proportionate to the tonnage you put on the market or supply.

Question: Are you updating gov.uk with all this info? Or will it only exist in these meeting recordings?

Answer: All information provided in these forums will be issued out in the newsletters, YouTube recordings and as stated in the forum presentations, information will be as stated on the gov.uk site for various topics – see links:

EPR Updated Guidance and Published Data Specification

1.        https://www.gov.uk/guidance/packaging-waste-prepare-for-extended-producer-responsibility

2.      https://www.gov.uk/guidance/how-to-collect-your-packaging-data-for-extended-producer-responsibility

3.      https://www.gov.uk/government/publications/packaging-data-how-to-create-your-file-for-extended-producer-responsibility

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