Packaging waste—producer compliance schemes
Packaging waste—producer compliance schemes

The following Environment practice note provides comprehensive and up to date legal information covering:

  • Packaging waste—producer compliance schemes
  • Brexit impact
  • Waste (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2019
  • Compliance schemes
  • Scheme approval
  • Application for registration of a scheme
  • Operational plans
  • Appeal
  • Registration fees
  • Records and returns
  • More...

Packaging waste—producer compliance schemes

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (PRO(PW)R 2007), SI 2007/871 place producer responsibility obligations on producers of packaging waste. These producer responsibility obligations include an obligation to recover (pre 2021) and recycle specified percentages of packaging handled in the previous year, by purchasing packaging waste recycling notes (PRNs) or packaging waste export recycling notes (PERNs), from accredited reprocessors and exporters. Note the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2020, SI 2020/1336 and the Producer Responsibility Obligations (Packaging Waste) (Amendment) (Wales) Regulations 2020, SI 2020/1390 amended the definition of PRNs and PERNs to refer to ‘recycling’ instead of ‘recovery’.

Producers in England must register with the Environment Agency, and in Wales must register with Natural Resources Wales, and provide a certificate of compliance as evidence that recycling and (prior to 2021 targets) recovery targets have been met.

See Practice Note: Packaging waste—producer responsibility obligations for more information on PRO(PW)R 2007, as well as developments connected to this regime.

Brexit impact

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this

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