Packaging and Packaging Waste Directive – UK implementation

Overview 

The Directive is transposed into UK law by two Regulations: 

• The Packaging (Essential Requirements) Regulations 2003 (as amended)
• The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (as amended)

Packaging (Essential Requirements) Regulations  

The Regulations set out the requirements that all items of packaging must meet before being placed on the UK market. The Essential Requirements are, in summary:

• Packing volume and weight must be the minimum amount to maintain necessary levels of safety, hygiene and acceptance for the packed product and for the consumer.
• Noxious or hazardous substances in packaging must be minimised in emissions, ash or leachate from incineration or landfill.
• Packaging must be manufactured so as to permit reuse or recovery in accordance with specific requirements.

These Regulations are enforced by the Trading Standards on behalf of BIS.  They can investigate complaints of excessive packaging and can offer guidance on specific packaging products and proving compliance.

A series of European Standards have been published.  Conformity with these proves compliance of a specific packaging product with the essential requirements.  Full details of the standards are available from (British Standards Institute (BSI) 

Producer Responsibility Obligations (Packaging Waste) Regulations

The UK meets the Packaging Directive’s recycling and recovery targets for packaging waste through these regulations, which are based on the principle of the producer pays. 

Companies above the threshold of a £2million annual turnover, and handling more than 50 tonnes of packaging a year pay for a certain proportion of the UK obligations to recycle packaging.

Companies fulfil their obligation by buying Packaging Waste Recovery Notes (PRNs) or Packaging Waste Export Recovery Notes (PERNs).  These have a market value which can fluctuate in relation to demand for the notes in relation to the supply of recycled material; the UK recycling targets set for that year; and the amount of PRNs/PERNs companies or compliance schemes already purchased

Companies can join a compliance scheme to deal with their obligation for them, or directly register with enforcement authorities: the Environment Agency (in England and Wales), Scottish Environmental Protection Agency (Scotland) or Environment & Heritage Service (Northern Ireland).  Further information is available on the Defra website. 

Advisory Committee on Packaging (ACP)

The Government set up the ACP to advise DEFRA and BIS on policy development relating to the Packaging Waste Regulations.  The ACP is chaired by, and composed of industry representatives from across the packaging chain, with enforcement agencies and other government officials taking part.

Details of the ACP, appointments and details of sub-committees and working groups are available on the Defra website.

Reports

Reports and studies can be downloaded from the related documents section, including a study on the implications of the essential requirements regulations and a study into metal collection at the kerbside.

Guidance

UK guidance for business on the Regulations can be found on the Business Link website: www.businesslink.gov.uk

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