While we await clarity on extended producer responsibility (EPR) in the upcoming years, significant policy developments have emerged in the past week, indicating potential changes in the recycling landscape. Concerns raised by industry leaders and the ongoing cost-of-living crisis have added uncertainty to the EPR program's timeline, while government departments have been actively engaging with stakeholders on related recycling legislation.

During a recent parliamentary session, Prime Minister Rishi Sunak addressed concerns raised by businesses regarding the introduction of extended producer responsibility. The Conservative MP for Amber Valley, Nigel Mills, expressed worries over price rises and uncertainty about the costs associated with the program, making it challenging for businesses to plan their pricing strategies for next January.

Mr. Sunak acknowledged that industry had raised concerns with him and mentioned that Defra is actively working with manufacturers, retailers, and packaging companies to fine-tune the scheme's design.

However, the exact fate of the program remains uncertain, with calls for its potential delay amid mounting concerns.

Additionally, a senior policy advisor at HMRC spoke at the INCPEN conference about the recent consultation on adopting a 'mass balance approach' to calculate the use of chemically recycled plastic in packaging. Mark Palmer emphasised that the consultation is only the beginning of a collaborative effort with the industry. HMRC intends to work closely with stakeholders to ensure the success of any changes to the tax system. Palmer urged stakeholders to provide concrete evidence to support their submissions and assured them that HMRC would hold regular stakeholder meetings to inform the policy.

Moreover, recently published minutes from the Advisory Committee on Packaging (ACP) meeting held in May provided insights into Defra's plans for the EPR rollout. Defra expressed its intention to transition the rollout of the legislation gradually, with a pragmatic approach during the first two years of operation to allow for the system and processes to adapt smoothly. Discussions about a phased-in rollout have fuelled speculations that EPR might be delayed in some form, though Defra has reiterated its stance on the scheduled 2024 rollout date.

The ACP meeting also highlighted concerns from stakeholders about various aspects of EPR implementation. questions were raised about EPR and highlighted the importance of distinguishing between household and non-household packaging. Robert Fell, chief executive at Metal Packaging Manufacturers Association, expressed concerns about companies' lack of awareness of their obligations and the need for clarity on fee rates. Defra responded by assuring that plans are in place to address these concerns and that individual sessions with members and the ACP would focus on business readiness.

As the recycling landscape continues to evolve, stakeholders and government departments are actively engaged in discussions to shape sustainable policies and address industry concerns. While EPR's timeline remains uncertain, collaborative efforts and stakeholder engagement are crucial to achieving a greener and more sustainable future for recycling and waste management in the UK.

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See more like this..."EPR data collection still required despite rumours of EPR delay [17.07.2023]".

The government will consider changes to ensure the vaping sector “plays its part” in financing the collection and treatment of their products as part of the upcoming review of the waste electrical and electronic equipment (WEEE) regulations.

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Often used to help people give up smoking, vapes are electronic devices that allow people to inhale nicotine as a vapour instead of smoke.

Research from Material Focus, the not-for-profit organisation funded by the WEEE compliance fee, shows 14 million single-use vapes are bought each month, while 1.3 million are thrown away every week.

Defra recently published its response to a consultation it ran on commonly littered single-use plastic items between November 2021 and February 2022. Within the response, Defra noted it had not explored the issues around the waste generated from disposable vapes.

Defra said it was reviewing the current producer responsibility systems for WEEE and batteries and planned to publish the much-delayed consultations on both areas “this year”. The consultations will look at vapes, Defra said in its response.

The UK Vaping Industry Association (UKVIA), the trade body representing the industry’s interests, says it is in discussions with several waste companies to create a recycling solution that is “fit for purpose for the vaping sector”.

WEEE

Scott Butler, Material Focus’s executive director, said his organisation had helped identify the environmental issues associated with single-use vapes and “wouldn’t be surprised” to see them feature in the upcoming WEEE review.

He added: “However, producers, importers, distributors and retailers of vapes need to do more now to make it easier to recycle them, as at least over one million a week are being incorrectly binned and littered and they are a significant contributor to waste electricals, the UK’s fastest growing waste stream.”

Material Focus says vape producers and retailers must follow several environmental requirements, which include joining a producer compliance scheme if they place more than five tonnes of electricals on the market, among other things.

‘Not straightforward’

John Dunne, the UKVIA’s director general, said his industry recognised its responsibilities to the environment. However, he said recycling vapes was “not straightforward” as it required collaboration between adult vapers, retailers, manufacturers, regulators, and waste management companies.

Mr Dunne added: “Up to now there has been genuine confusion amongst the vaping sector about their responsibilities under the WEEE directive.

“Earlier this year, the Institute of Environmental Management and Assessment alluded to uncertainty around whether regulations covered the type of batteries found in vapes and also questioned the recycling infrastructure in place to support the sector to be more sustainable.

“This is why we are working hard as an industry to find a waste management solution that minimises the impact of vapes on the environment, particularly when it comes to single-use disposables, so they are seen for what they do best – helping adult smokers kick their habits and save the lives of millions, as well as millions of pounds for the health service.”

 

The Environment Agency (EA) have recently released their monitoring plan for packaging producer responsibility that outlines what is to be expected in 2020. In March 2019, the EA restructured how they work to achieve producer responsibility requirements resulting in a move to a single nationally managed delivery approach. Their compliance activities include site inspections, desktop reviews, validation checks on data submissions and data trend analysis, looking for errors and anomalies.

The updated monitoring plan builds on their 2019 strategy with an overall aim to resolve issues of non-compliance, with added emphasis on the accuracy of data submitted by producers. The EA monitor submitted data from all (approx. 7,000) registered producers, this includes comparing data submission to previous years.

The plan also confirms continued efforts to identify and investigate packaging producers (freeriders) who are not compliant to bring them into compliance thus increasing producer registrations, reducing non-compliance and ensure a level playing field for all producers.

You can view the full plan here.

Ongoing Monitoring: Data Submissions & Compliance Schemes

The EA undertakes robust monitoring of registrations and submissions from both direct registrants and producers who are members of compliance schemes through a variety of desktop and site audits. In April, following the registration deadline, the EA will identify producers who have not re-registered and aim to find the reason behind this, and if necessary, bring them back into compliance with the support of compliance schemes.

Approved producer compliance schemes such as the Wastepack Group schemes must register with the EA each year and a detailed compliance assessment is undertaken. To mitigate the risk of not meeting the UK meeting national and EU targets, the EA monitor schemes on a quarterly basis to check progress towards meeting their members’ obligations, including checking procurement patterns of PRNs and PERNs.

Ongoing Monitoring: Accredited Reprocessors & Exporters

Accredited reprocessors and exporters are also subject to monitoring from the EA. At the application stage for accreditation the EA assess the full application including sampling and inspection plans to ensure they are robust and reliable. The 2020 monitoring plan states that the EA will “only accredit those which fully satisfy the regulatory requirements”. Once accreditation is granted reprocessor & exporters must submit a quarterly data return otherwise suspension notices may be issued. The EA have set a target of a minimum of 110 site inspections of accredited operators and exporters, and confirmed that, if required, they will carry out more than one site inspection.

What does this mean for producers?

With the emphasis on data it is more important than ever for producers’ to strengthen data gathering processes and procedures. Not only will this provide you with high quality data that is “as accurate as reasonably possible” as required by the regulations, it also demonstrates a proactive and serious approach to data collation which will support a producers position when the EA’s monitoring procedures commence. It is also important to note that accurate data will safeguard your obligation ensuring you are not over obligating yourself which, with high PRN/PERN prices particularly in aluminium and plastic, can have a significant effect on costs.

If you are a member of a Wastepack Group compliance scheme, we can help! Get in touch today and request a free packaging health check with one of our experts. Call us on 01279 620000 or email help@wastepack.co.uk

The Department of Environment, Food & Rural Affairs (DEFRA) has confirmed that the 2018 WEEE compliance fee will be set through a methodology created by the Joint Trade Association (JTA).

This will mark the second consecutive year, where a JTA-proposed method has been adopted to calculate the fee.

In an e-bulletin to compliance schemes on 1st Feb, Defra stated: “Defra accepts the JTA’s approach to handling net income generating WEEE streams (applicable to all WEEE streams) and its recommendation for zero fee for LDA.”

The fee is used to deter PCSs from collecting large quantities of WEEE above their targets, which in some cases has been sold off as surplus evidence to other PCS, who are trying to gather evidence for fulfilling their obligations.

The JTA represents around 90% of the companies obligated under the WEEE producer obligation in the UK.

Accountancy firm, Mazars, will oversee the fee’s administration process, which the former has carried out in previous years.

According to the latest WEEE collection data, it seems likely that a compliance fee will be needed for the 2018 calendar year, following a shortfall of material collected in comparison to targets.

Money generated from the 2017 compliance fee totalled over £8m, which is currently being used to fund projects, that will increase WEEE collections and see more PCS achieve their yearly targets.