Packaging waste

Waste producer responsibility—potential liabilities

Waste producer responsibility in England and Wales includes four key waste regimes:

1. •

   packaging waste

2. •

   WEEE

3. •

   batteries and accumulators; and

4. •

   end-of-life vehicles

There are common obligations across all regimes, including registration requirements, reporting and data submission, financing of collection and treatment, provision of information and record-keeping duties. Offences for breach of producer responsibility obligations give rise to criminal liability.

The regime for packaging waste, in England and Wales, has been extended using powers granted in the Environment Act 2021.

For further information on waste producer responsibility, see Practice Note: Waste producer responsibility—potential liabilities.

Extended producer responsibility for packaging waste

The extended producer responsibility (EPR) regime for packaging and packaging waste is designed to move the full cost of dealing with packaging waste from households to packaging producers (applying the ‘polluter pays principle’), giving producers responsibility for the costs of their packaging throughout its lifecycle. Producers pay less for sustainable packaging, incentivising packaging that uses less material and is easier to recycle.

EPR is regulated through the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024,