The long awaited Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations SI 2024/1332 have been published. They come into force on 1 January 2025 though due to transitional provisions they do not replace the previous producer responsibility obligations regime fully until 1 January 2026.
These Regulations implement Extended Producer Responsibility, as introduced by the Environment Act 2021 and they place an obligation on certain packaging producers to pay the costs of dealing with household packaging waste.
The provisions in these Regulations are very detailed, so we've broken down the main points in this document.
Background
The UK has had a system of packaging producer responsibility obligations since 1997. Producer responsibility was controlled under the:
Whilst that system did increase recycling rates across the UK, it did not incentivise producers to use less packaging which is easily recycled. In addition, it could not ensure the recovery of all costs associated with the management of packaging waste.
The Government wants to better implement the producer pays principle and to make sure producers take more responsibility for the environmental impact of the materials and products they place on the market over their entire life cycle (design, manufacture, use and disposal). They also want to move the UK towards a more circular economy to increase material reuse and reduce waste.
As a result, it introduced extended producer responsibility, which is implemented by the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations SI 2024/1332. It places financial responsibility on businesses for the cost of managing their products once they reach end-of-life. This should incentivise businesses to make sure their products are easier to reuse or recycle. It should also encourage the use of fewer materials. Under these Regulations, the producer becomes responsible for the environmental impact of the packaging they supply and use and financially responsible for the costs of collecting and managing household packaging waste.
In addition, legislation was introduced across the UK back in 2023 requiring large and small producers to collect and report data on packaging. The new Regulations take over data reporting requirements subject to transitional provisions mentioned below and therefore revoked the following on 1 January 2025:
Who do they apply to?
The new Regulations apply to:
In terms of who counts as a "producer", the Regulations specify that it is anyone:
When do they apply?
The Regulations themselves are fully in force on 1 January 2025. However, they do not revoke the Producer Responsibility Obligations (Packaging Waste) Regulations SI 2007/871 or the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) SR 2007/198 until 1 January 2026.
Transitional provisions exist which require producers obligated under those 2007 Regulations to keep records, to continue to keep those records.
Producers must also report the data for 2024 which they would have been required to report under the Data Reporting regulations listed above instead of under the new Regulations.
What are the main requirements?
These Regulations are all about holding the producer responsible for the environmental impact of the packaging they supply and use. On that basis, all large and small producers must:
Large producers must also:
Whilst producers can take on these obligations themselves, it is also possible for them to join a registered compliance scheme for a fee. The compliance scheme is allowed, under the Regulations, to take on responsibility for registration obligations, certain reporting obligations and recycling obligations on behalf of the producer, but only if that compliance scheme is approved and registered by the appropriate agency.
New to these Regulations is the requirement that any producer liable to pay annual disposal and administration fees (large producers who supply household packaging) must assess the recyclability of any household packaging they supply. The recyclability assessment can be done by the producer themselves or by a third party, but must always be done using the methodology and guidance published by the Scheme Administrator appointed by the Government. The results of the assessment must be submitted to the appropriate agency every six months, on or before:
Large producers must continue to comply with their recycling obligations and demonsrate compliance through the acquisition of Packaging Waste Recycling Notes (PRNs) or Packaging Waste Export Recycling Note (PERNs) if waste was recycled overseas. They must then submit a certificate of compliance on or before 31 January each year to state they have complied with their recycling obligations.
In addition, large producers are required to pay disposal cost fees for any household packaging they supply. The disposal fee is based on the costs incurred by local authorities in collecting and managing household packaging waste streams and the amount of the fee depends on how much packaging is supplied, the type of materials supplied and whether the packaging is recyclable or not. The fees will be paid to a Scheme Administrator established by the Government, which will then make payments to local authorities for waste services.
Anyone who recycles packaging waste at reprocessing sites across the UK and anyone who exports packaging waste to be recycled abroad, must be registered by 1 January 2026 with the appropriate agency. Exiting reprocessors and exporters must apply for registration by 1 October 2025.
From 1 January 2026, nobody is allowed to issue a PRN unless:
How are they different to the previous Regulations?
The Producer Responsibility Obligations (Packaging Waste) Regulations SI 2007/871 or the Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) SR 2007/198 required producers to obtain evidence to demonstrate that tonnages equivalent to their recycling obligations were recycled during a year. This was done through PRNs or PERNs if waste was recycled overseas. The cost of these notes was determined by the market and the revenues raised by reprocessors in supplying the evidence would support the recycling of packaging waste and investment in reprocessing.
A producer’s contribution was based on their role in the supply chain, the amount of packaging (by material) they used or supplied in the preceding year and the recycling targets set by government in any year. They met their recycling obligations by obtaining evidence of recycling and providing this to the regulator.
The new Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations SI 2024/1332 still require producers to recycle a proportion of packaging they supply and obtain PRNs or PERNs to show they have met their recycling obligations. However, where they differ is:
For more information, see the:
