“It’s a mess”: UK packagers cautioned over Defra’s latest EPR data submission deadline delays

08 Sep 2023 --- The UK’s Department for Environment, Food & Rural Affairs (Defra) has announced an extension to data submission deadlines for the upcoming extended producer responsibility (EPR) enforcements. 

Under the new regulatory position statement (RPS), Defra has pushed the first two looming deadlines for submitting data on all packaging sales placed on the market for the first half of this year (January 1 to June 30) from October 1 2023 and April 1 2024 to 31 May 2024. 

Companies that miss the first two EPR submission deadlines will not be prosecuted, asserts the Defra RPS.

However, the deadline for submission under the existing Producer Responsibility Obligations (Packaging Waste) Regulations 2007 remains unchanged (April 7). This adds an extra layer of complexity to the dual-reporting transitional phase of the EPR rollout, according to consumer compliance company Ecoveritas. 

Ecoveritas warns businesses “not to be caught off-guard” following the announcement. 

Rebecca Webber, operations manager at Ecoveritas, warns businesses not to take the additional time for granted.

“We encourage companies to do their best to meet their existing deadlines. We will be working with all our clients closely using all reasonable endeavors to report packaging data by the current reporting dates of October 1 and April 1, wherever possible, as we understand that this packaging data is vital to improving the modeling of illustrative base fees, which producers so desperately need to plan effectively for the future,” she says. 

“Defra cannot provide producers with the indicative costs they urgently require without this data.” 

Rebecca Webber, operations manager at Ecoveritas.“An absolute omnishambles” 
Defra says it is not in a position to take enforcement action on the previous timelines. The Packaging Recovery Note system continues to run until next year, and the agency will not have time to take action as formerly planned. 

But Ecoveritas asserts that the more data producers can provide Defra with, the more accurate the illustrative base fees will be. Producers could then expect to see first estimates by the end of 2023 or early 2024. 

"It’s important to remember that filing under the old 2007 regulations remains unchanged, so one-half of business reporting remains the same even as the other half constantly shifts," adds Webber. 

“Clearly, the rollout of EPR continues to be an absolute omnishambles, but it’s businesses who will pay the price if they get any details wrong in a last-minute scramble to meet the new May deadline." 

Notably, this week’s RPS does not change the legal requirement to report information on or before October 1 2023 and April 1 2024. However, Defra says it will not take action on these legal requirements.

While the RPS stipulations will remain in force until June 30 2024, the agency also warns it can “withdraw or amend” its position before this date if deemed necessary – meaning there is uncertainty over the prospect of deadlines moving further back – or even forward – at relatively short notice, notes Ecoveritas. 

“Frankly, it’s a mess,” says Webber. “This transition period should represent the perfect chance to build up that muscle memory for businesses – to entrench enhanced data collection as a core business operation. But we continually see that learning process being undermined by delay, and now by neutering the enforcement process.”

“As we are less than a month away from the October deadline, we expect most businesses to have an almost-complete submission ready to go anyway. We would encourage them to do what the government seemingly cannot – lead by example and try to make EPR work.” 

Needed leeway? 
However, Robbie Staniforth, innovation and policy director at consumer compliance scheme Ecosurety, says that while urgency is still required, the RPS means packagers should take the time to make sure their data is as correct as possible. 

“My advice would be not to waste this opportunity. There’s been lots of lobbying and calls for more time to prepare, and you should use it wisely. So if you’ve started collating your data, which you should have by now because the deadline is only a month away, I would keep going as fast as you can.”

“The sooner you get your data prepared, the sooner you can start planning for these new costs, which will be significant. Give yourselves a bit of a break and don’t worry too much about October 1, but still, be working as fast as you can because knowing how much packaging you’ll be placing on the market will be as important as ever.”

By Louis Gore-Langton

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