Not sure what your obligations are as a company that produces, uses or sells packaging products in the UK? Here’s our quick rundown of the key legislation you need to be aware of! These initiatives are aimed at reducing your environmental impact and promoting recycling wherever possible in the supply chain.
1. Producer Responsibility Obligations (Packaging Waste) Regulations 2007
These regulations require businesses with an annual turnover exceeding £2 million and handling over 50 tonnes of packaging annually to:
- Register as a packaging producer with the appropriate environmental agency by 7th April (if you’re not registered already). You can either join a compliance scheme or register yourself in the National Packaging Waste Database (NPWD).
- Meet recycling obligations by obtaining Packaging Recovery Notes (PRNs) or Packaging Export Recovery Notes (PERNs) to demonstrate compliance. PRNs are documents that prove a tonne of packaging waste has been recycled or recovered, so the amount you’ll need will depend on how much waste you have produced. Only accredited recyclers or waste exporters can issue PRNs. PERNs, on the other hand, are tradable certificates that show a company has exported packaging waste for recycling overseas. You can get PERNs from your regulator; they are electronic only and cannot be replicated on paper (although you can print them out for your records, if you want to).
- Submit a certificate of compliance annually by 31st January.
These measures ensure that producers like you contribute to the cost of recycling and recovery of packaging waste. You can find more information on the gov.uk website.
Even if your business isn’t big enough to HAVE to adhere to these regulations, it’s often a good idea to carry out a regular audit to determine how much packaging you use, how and where it is sourced from, and whether you can take steps to reduce the volume created and lower your carbon footprint.
2. Extended Producer Responsibility (EPR) for Packaging / Packaging Waste (Data Reporting) (England) Regulations 2023
The UK will soon be transitioning to an Extended Producer Responsibility (EPR) system, which places the full cost of managing packaging waste on producers. This scheme falls under the Packaging Waste (Data Reporting) (England) Regulations 2023, which came into effect on 28th February of that year.
The regulations apply to all obligated organisations that import or supply packaging. Affected businesses must meet the following criteria:
- Be an individual business, subsidiary or group (but not a charity)
- Have an annual turnover of £1 million or more, based on your most recent annual accounts up to 7th April
- Be responsible for importing or supplying more than 25 tonnes of packaging to the UK market in the previous calendar year
- Carry out any of the packaging activities
Under EPR, businesses like yours are required to:
- Collect and report data on the packaging you supply or import.
- Pay fees based on the amount and type of packaging placed on the market.
The implementation of EPR fees has been deferred to 2025 – but you must still report packaging data for 2023 and 2024. The fees payable will depend on your packaging data. Under the rules, ‘packaging’ refers to anything that is used to cover or protect the goods that are supplied, plus items that are designed to make goods look appealing for sale. Find out more and see if your business is likely to be affected by clicking here.
3. Plastic Packaging Tax
Introduced in April 2022, this tax applies to plastic packaging manufactured in or imported into the UK that contains less than 30% recycled plastic. The current rate as of 1st April 2024 is £217.85 per tonne.
Manufacturers must:
- Register for the tax if they manufacture or import 10 tonnes or more of plastic packaging annually OR expect to manufacture or import 10 tonnes or more plastic components in the next 30 days.
- Maintain accurate records and submit returns to HM Revenue and Customs (HMRC).
This tax is intended to incentivise the use of recycled materials in plastic packaging. Here’s everything you need to know.
4. Packaging (Essential Requirements) Regulations 2015
Introduced nearly 10 years ago now, these regulations set standards to ensure that packaging:
- Minimises weight and volume to the smallest possible amount, while still bearing in mind the customers’ safety and your products’ requirements.
- Reduces hazardous substances in packaging materials.
- Is designed for reuse or recovery, including recycling.
Compliance helps reduce the environmental impact of packaging waste. The UK government has published a full guide to these rules, which you can download here.
5. Waste Duty of Care
The waste duty of care code of practice specifically applies to companies that produce, carry, keep, dispose of, treat, import, or otherwise have control of waste in England or Wales. (So, most firms in these regions!) These businesses owners are legally obliged to:
- Ensure waste is stored and transported securely.
- Use authorised waste carriers.
- Keep waste transfer notes for at least two years.
Adhering to these 5 key regulations is crucial if you want to avoid penalties and contribute to the country’s overall environmental sustainability strategy in a more effective way.
All stakeholders – including customers – are becoming increasingly concerned about the eco stance of the companies they buy from and trade with. Proving your compliance in all these areas will help you remain on the right side of the law AND show your audiences that you truly care about the impact your work is having on the planet.
Do your research, and if you have any concerns or would like to pick the brains of our experienced team, don’t hesitate to contact Hallmark Labels! We are the industry specialists when it comes to helping you source and customise eco-friendly printed wash care labels, woven labels, swing tickets, mailing bags, mailing boxes and much more.
