As of today (31 March 2025), the Simpler Recycling regulations have come into effect in England, requiring workplaces with ten or more employees to separate their waste into distinct categories for collection.

Under the new rules, businesses must arrange for the separate collection of the following waste streams:

• Dry recyclable materials, including plastic, metal and glass
• Paper and card*
• Food waste
• Residual (non-recyclable) waste

*Paper and card must be collected separately unless the contracted waste collector allows them to be collected alongside other dry recyclable materials.

Businesses retain the flexibility to determine the size of their waste containers and the frequency of collections.

View the Simpler Recycling press release here covering its launch.

---

A Step Towards a Circular Economy

Circular economy minister Mary Creagh emphasised the government’s commitment to reducing waste, improving recycling rates and fostering economic growth. She said...

“We are committed to ending the throwaway society, boosting recycling rates which have stalled for too long, and driving growth through the government’s Plan for Change."

“Simplifying the rules for workplaces will make recycling easier, maximising environmental benefits, delivering cost savings and stimulating growth. We’ll continue to work hand-in-hand with businesses to deliver our reforms to drive up recycling rates and ensure there’s more recycled content in the products we buy.”

---

Regulation and Compliance

The Environment Agency (EA) has now taken on the role of regulator for these new regulations. Steve Molyneux, deputy director of waste and resources regulation at the EA, said:

“The implementation of Simpler Recycling for workplaces is a pivotal moment and a huge step forward, driving change in the waste market, optimising the use of our precious resources, and contributing to a circular economy."

“We are committed to supporting businesses with their new duties. We will take a pragmatic approach to implementation and will work with stakeholders to support them in overcoming any difficulties they might face concerning compliance.”

---

Future Developments in Simpler Recycling

Further phases of the Simpler Recycling initiative will be introduced over the coming years:

31 March 2026: The same recycling rules will be extended to all UK households. Local councils must introduce separate food waste collections where they are not already in place. Some may be granted a transitional arrangement, allowing for a later implementation date.

31 March 2027: Kerbside plastic film collection will be introduced for both workplaces and households.

31 March 2027: Workplaces with fewer than ten employees must comply with the core recycling regulations.

---

Background of the Legislation

The Simpler Recycling policy was initially proposed in 2018 as part of the Resources and Waste Strategy.

A public consultation took place in 2021, though the policy was delayed from its original 2023 deadline.

Previously referred to as “consistency legislation”, the initiative was rebranded as Simpler Recycling in October 2023 when the full plan was outlined.

In November 2024, the government confirmed that paper and cardboard must be collected separately.

---

Our previous story: "Simpler Recycling Regulations Mandate Separate Collection of Paper and Card [29.11.24]"

Minutes released in June from the last Advisory Committee on Packaging (ACP) meeting held in February have provided insight into the non-compliance fears in the UK packaging markets throughout 2022.

Non-compliance has emerged as a significant concern in recent years, largely driven by the soaring prices of certain packaging recovery notes (PRNs), with some reaching record highs. According to the Packaging Waste Regulations, companies with a turnover exceeding £2 million and placing more than 50 tonnes of packaging on the market annually are obligated to contribute to recycling costs by purchasing PRNs, either directly or through compliance schemes.

Non-compliance takes various forms, ranging from late submission of data (drop-offs) to unintentional errors. However, there are fears that a minority of producers have intentionally chosen not to comply due to the exorbitant prices of PRNs.

The ACP meeting minutes provide a breakdown of non-compliance findings from each of the four UK nations' regulators.

England
Lyn McLean and Virginia Woolley from the Environment Agency (EA) provided an update during the meeting. While all compliance schemes met their obligations, the EA expressed that it is likely that some direct registrants did not comply that year, although the exact number was unknown at the time. The majority of non-compliance in England pertained to paper and plastic packaging. Attendees emphasized the need to place greater emphasis on following up on drop-offs and ensuring timely registration. The volatility of PRN market pricing was also discussed, with the EA requesting feedback from members when guidance is misconstrued.

Wales
John Davies, representing the Welsh Regulator Natural Resources Wales, reported that in 2023, there were 38 accreditations for reprocessors and exporters in Wales, an increase from 37 in 2002. Additionally, two applications submitted late last year were still under assessment.

Scotland
Bernard Gaffney from the Scottish Environmental Protection Agency informed the meeting that all compliance schemes were in compliance. However, four out of 68 direct registrants were found to be non-compliant, and Gaffney assured that follow-up actions were being taken with these companies.

Northern Ireland
All compliance schemes in Northern Ireland complied in 2022. However, 10 out of the 111 direct registrants did not comply, with six being categorized as "total non-compliance." Additionally, one exporter in Northern Ireland was suspended in November 2022.

Enforcement
Several compliance schemes have advocated for stricter enforcement against companies that fail to fully comply, in order to act as a deterrent. The Environment Agency recently stated that it is considering appropriate responses to two producers who did not meet their 2021 packaging obligations through PRN acquisition.

The ACP expressed concerns to government representatives that they feel excluded from ongoing work and discussions related to extended producer responsibility (EPR). In response, Deep Sagar, the ACP chair, requested that ACP membership be added to Defra's digital working group. While the department clarified that the group is not led by Defra, it offered to provide relevant contacts.

Other concerns raised by ACP members included the lead-in time for labelling in the deposit return scheme (DRS) not being sufficient and the possible scarcity of reverse vending machines. Defra acknowledged these risks and referred to research conducted as well as continued supply monitoring.

The minutes demonstrate the ACP's commitment to addressing non-compliance issues and collaborating with regulators and government bodies to ensure effective management of packaging waste and promote compliance throughout the UK.

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