The Environment Agency has extended its Regulatory Position Statement (RPS) 330, delaying certain packaging Extended Producer Responsibility (EPR) data collection and reporting requirements until 2028 and 2029.
The updated RPS 330, published on 25 August, extends the regulatory position to cover data for 2026 and 2027.
Under the position, the Environment Agency will not normally take enforcement action where producers fail to collect and report certain data relating to packaging EPR.
This applies to data covering the period from 2024 to 2027.
The Environment Agency said the delay would reduce the regulatory burden associated with data collection and reporting requirements, which do not affect producer disposal fees or recycling obligations for producers, compliance schemes and holding companies.
RPS 330
The updated RPS delays the introduction of several data collection and reporting requirements.
Self-managed organisational waste data collection is delayed until 1 January 2028, with reporting required on or before 1 October 2028.
Nation of Sale data collection is also delayed until 1 January 2028, with reporting required on or before 1 April 2029.
Meanwhile, data collection for plastic and paper bags is delayed until 1 January 2028, with reporting required on or before 1 April 2029.
The Environment Agency said the reporting requirements remain part of the Packaging Regulations. However, where the conditions are met, producers will not normally face enforcement action for failing to collect or report the specified data.
The RPS does not affect any other legal requirements under the Packaging Regulations.
The Environment Agency will review RPS 330 by 31 December 2028.
RPS 377
Alongside the extension to RPS 330, the Environment Agency has introduced a new regulatory position statement, RPS 377, covering large packaging producers that permanently cease to perform a producer function during the year.
Ordinarily, a large producer that stops performing a producer function part-way through a year could still be required to register and report its first-half packaging data by 1 October.
This could apply even where the producer would have no recycling or disposal fee obligations in the following year.
Under RPS 377, the Environment Agency will not normally pursue enforcement action in relation to this registration and reporting requirement where a large producer has permanently ceased to perform a producer function.
For example, a large producer that ceased performing a producer function in June 2026 would ordinarily be required to register and report its H1 2026 data by 1 October 2026.
Where the Environment Agency agrees that RPS 377 applies, it would not normally take enforcement action if the producer did not register or make that submission.
In practical terms, the position could mean affected producers avoid having to register, report data and pay registration fees in October, where they will have no recycling or disposal fee obligations in the following relevant year.
However, RPS 377 is not automatic. Businesses must notify the Environment Agency in writing that they have permanently ceased to perform a producer function and obtain confirmation from the Environment Agency that RPS 377 applies to their circumstances.
RPS 377 applies to large packaging producers that permanently stop performing a producer function and would otherwise need to register and report packaging data by 1 October 2026.
The RPS is due to expire on 1 January 2028.
