The Evolution of Packaging Waste Legislation: A Closer Look at EPR in the UK

Environmental practices for businesses are becoming more important than ever. With mandatory carbon reporting in play and ramped up packaging waste legislations being introduced businesses need to scrutinise their sustainability strategies more than ever before.

These changes are driving conversations around packaging from how it’s designed through to its impact on the planet. As part of the UK Government’s 25 Year Environmental Plan , Extended Producer Responsibility (EPR) is seeing the biggest shake up in packaging legislation for years.

In this article we will explore historical legislation and the shift to the Extended Producer Responsibility scheme, what this means for businesses as well as other legislation you should be aware of today:

The evolution of packaging waste legislation

The origins of packaging waste legislation go back to the mid-20^th century where the impact of industrialisation and a consumer orientated society meant that packaging waste surged. To deal with the environmental impact of this, in 1997 the UK government introduced The Producer Responsibility Obligations (Packaging Waste) Regulations. These regulations meant that producers took the responsibility of the environmental impact of their packaging with obligated businesses having to pay toward the total costs of recycling their packaging.

Over the years there have been many key amendments to the legislation which highlight a gradual shift in the government’s approach to packaging being recycled and its impact on our planet.

Key amendments include…

• 2007 – Introduction on mandatory targets for recycling of packaging.
• 2010 – Technical changes to the legislation.
• 2014 – Applied changes to recycling targets for glass.
• 2015 – Packaging (Essential Requirements) Regulations introduced – Focus on raw materials and recyclability of packaging, must meet specified essential requirements
• 2020 – Method for calculating recycling target and applied the 2021 removal and recovery target.
• 2021 – Extended Producer Responsibility Scheme announced to reform older Packaging Waste Legislation.
• 2023 – Packaging producers obligated started collecting data.

The gradual amendments to the 1997 act reflect the constantly changing climate emphasised by the switch in 2015 when regulations were introduced to ensure packaging meets specified essential requitements as well as recyclability targets.  

Current UK packaging waste legislation and the shift in packaging responsibility

So far, we have explored historical packaging waste regulations and the changes to them over the years. But what regulations do businesses need to be aware of now? Let’s take a look at current UK packaging waste legislation.

Extended Producer Responsibility (EPR)

The gradual changes to the UK’s packaging waste legislation established in 1977 meant that businesses became more and more responsible for their packaging’s life cycle and its recyclability with targets shifting to meet the government’s 25 Year Environmental Plan.  

In 2021 the government announced a new scheme to reform the 1977 packaging waste legislation the Extended Producer Responsibility scheme. Businesses who meet the following criteria would now have to report relevant packaging data to their EPR administrator…

• If you are classed as a small or large business on the scheme
• You are classed as a small company if you have a turnover of £1 million and used over 25 tonnes of packaging in the last calendar year. Small businesses are liable to report packaging usage.  
• You are classed as a large company if you have a turnover £2 million and used over 50 tonnes of packaging in the last calendar year. Large businesses are liable to report packaging use and pay fees.  
• Carry out packaging activities such as…
• Supplying packaged goods to the UK market under your own brand.
• Placing goods into packaging that’s unbranded when it’s supplied.
• Importing products in packaging.
• Owning an online marketplace.
• Hiring or loaning out reusable packaging and/or supplying empty packaging.

Producers will be taxed to pay the full costs of managing household packaging waste. Fees will be modulated over time. This is to further incentivise the use of recycled packaging. EPR levies will be collected in addition to Packaging Waste Recycling Note (PRN or PERN) fees.

The reform of the packaging waste regulations to the EPR scheme encourages a circular economy, protect the climate and reduce unnecessary waste. With the introduction of amendments to the old regulations, especially the 2015 Packaging (Essential Requirements) Regulations which focused on the recyclability of packaging being placed more on producers, the shift to producer responsibility of their packaging practices has slowly become more apparent.

The Extended producer responsibility scheme has some key differences to the Packaging Waste regulations. For example, in the past responsibility for packaging waste is spread across multiple points in the supply chain. However, under new Extended Producer Responsibility regulations, the responsibility is placed on one producer. This change is crucial to streamline the waste management process and reduce waste.

For more information and support on EPR Macfarlane can help your business reduce future EPR costs, look at our EPR landing page, which details information about the scheme and access to our FAQs.

Plastic Packaging Tax

The UK Plastic Packaging Tax (PPT) is a tax on plastic packaging that was introduced by the UK government to reduce the amount of plastic waste produced and came into effect on 1 April 2022.  It applies to plastic packaging that does not contain at least 30% recycled plastic.

The rate of the tax increased in 2024 to £217.85 per metric ton of packaging that does not meet the minimum recycled content threshold. This means that companies that produce or import plastic packaging must pay the tax, which is intended to encourage the use of recycled plastic and reduce the amount of plastic waste sent to landfill or incineration.  From April 2025 the tax is set to increase again to £223.69.

The revenue generated from the tax is set to be used to support initiatives that will reduce plastic waste and improve recycling infrastructure in the UK.

You can find more resources about the Plastic Packaging Tax here.

Deposit return scheme

The deposit return scheme incentivises the return of drinks bottles and cans in the hope to boost recycling.

With the Scottish’s Governments recent decision to delay their scheme, it is now expected that a UK wide scheme will go live in 2025. This will apply a charge to single use drinks containers which will be refunded on return to retailers.   The UK Government are hoping to reduce the number of bottles and cans discarded as litter by 85%. 

Support with sustainable packaging and EPR

If you need support making your packaging more sustainable and future proofing your business against future regulations, we have the expertise to help you. Tools like our Packaging Optimiser can help you make informed decisions about what your packaging is costing you and the environment, and model how solutions can remove CO₂e from your packing operation. Contact us to learn more.

The post The Evolution of Packaging Waste Legislation: A Closer Look at EPR in the UK appeared first on Macfarlane Packaging.