Extended Producer Responsibility: Insights from the EPR consultation response

On 28 July 2023 the UK government in collaboration with the devolved nations published a further consultation seeking feedback on the draft regulations and the operability of their implementation arrangements (the draft regulations will apply throughout the UK). The consultation closed on 9 October.

The Environment team of Irwin Mitchell which specialise in environmental protection have responded to the consultation.

Here are some are some of our key insights in response to the proposed draft regulations:-

Exclusion of business packaging from household disposal costs

Whilst acknowledging the rationale behind excluding packaging solely for business use from household disposal costs, there is concern about the burden this could potentially impose upon businesses to prove packaging is for business only use. It is considered that by distinguishing between business-only and household packaging this could introduce administrative challenges and necessitate robust monitoring and enforcement mechanisms.

Clarity of regulations

While the regulations make provisions clear about who is “supplying” packaging, potential ambiguity exists around some exemptions particularly regarding online marketplace operations. There is a need for clear definitions and guidance on the various packaging types and scenarios, particularly those involving multiple entities handling the same packaging item.

Recycling obligations

The goal and main aim of the EPR should be to emphasise waste reduction and recycling, regardless of waste source. However, clarity around obligations varies and ambiguity exists particularly around areas involving the categorisation of household versus non-household packaging. The relationship between a Packaging Compliance Scheme and its members is generally clear but a guide for lay persons could prove beneficial.

Third party recyclability assessments

Whilst we are of the view that mandatory accreditation can ensure consistency in recyclability assessments there is concern about the potential costs and administrative challenges that will invariably arise if such a scheme introduced.

Scheme administrator’s role

The role of the proposed Scheme Administrator is an important entity in the EPR system particularly in achieving the balance between producers’ compliance and Local Authorities. The draft regulations clearly identify the Scheme Administrator’s role and powers.

The key responsibilities of the Scheme Administrator include assessing Local Authority costs by determining the efficient net disposal costs. This involves assessing expected revenue each Local Authority might obtain from selling household packaging waste and binned packaging waste. The Scheme Administrator includes incentivising efficient waste management by Local Authorities with ineffective services being not only penalised but provided with feedback and a structured plan.

The Scheme Administrator is also responsible for ensuring accurate and fair apportioning of disposal costs to producers.

However, ensuring robust mechanisms are in place for data handling and stakeholder interaction will be key to the success of the role of the Scheme Administrator.

Local Authorities and waste management

The draft regulations provide incentives for Local Authorities to manage their waste services effectively as the regulations encourage Local Authorities to generate their revenue and in addition are provided with feedback and improvements plans if services are deemed ineffective by the scheme administrator.

Conclusion

In conclusion, the proposed measures by government in the consultation show promise in promoting efficient packaging waste management and environmental protection. There is however a clear need for further clarity, guidance and refinement in several areas of the draft regulations as they are in parts complex and at times challenging to clearly interpret.