Updated Sep 7, 2023

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Packaging data reporting deferred for a year

The packaging data reporting requirements and related fees for large producers for packaging under the provisions of Packaging Waste (Data Reporting) (England) Regulations SI 2023/219 in England and Packaging Waste (Data Reporting) (Scotland) Regulations SSI 2023/7 for Scotland, have been delayed by a year by DEFRA.

Following extensive talks with the government and pressure from the industry, DEFRA has decided that the collection of fees and related reporting of packaging waste data will be delayed by a year, to reduce the impact on inflation, as enforcing this scheme could have an influence on the rise of prices for produce on the shelves and is not desirable in the current economic climate. Additionally, the Scottish deposit-return scheme (DRS) for drinks packaging has been delayed until 2025, therefore to avoid issues with devolved nations of a trade nature, the government has decided to align these requirements, while reducing the burden on the organisations and the consumers.

However, there were no changes to legislation made just yet. Currently, the draft legislation that would apply the changes is being consulted on, with the expected outcome and related legislation to be published in late 2023 or early 2024.

Temporary measures

As a result of these developments, the Environment Agency published a new Regulatory Position Statement (RPS) applicable to England, with SEPA following suit for Scotland, that will allow large producers to delay the reporting of data without being liable to a fine, as long as the conditions set out in that document are complied with.

The conditions involve:

  • submitting the first reports containing the data covered by data reporting obligations for large producers on or before 31 May 2024;
  • submitting the second reports containing the data covered by data reporting obligations for large producers on or before 31 May 2024;
  • keeping records for two years to show that you have complied with this RPS and make these records available to the Environment Agency or SEPA on request.

The producers should still collect and retain all data required for 2023 onwards, just the submission of it, which will result in an application of relevant fees for waste management by the local authorities, can be delayed until 2024.

These new provisions, however, do not change the responsibilities under the Producer Responsibility Obligations (Packaging Waste) Regulations SI 2007/871.

For more information on this subject, see:

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