pEPR Agreed Positions version 7 update: Key Takeaways
On 7th October, during the latest Circular Economy Joint Stakeholder Forum, the EA announced the release of the latest version of the Packaging EPR (pEPR) Agreed Positions.
The Agreed Positions document is maintained and developed by the four UK regulators with the aim to assist obligated Producers and Compliance Schemes in understanding and applying the pEPR regulations.
Key takeaways
- Reminder about future potential material sub-categories
- The regulators new stance and guidance on finished packaging and the definition of a manufacturer
- Confirmation of the reporting of reusable packaging
- Clarification of the reporting of packaging repairs with examples for pallets
- Reminder of the evidence needed for reporting Self-Managed Consumer Waste
- New guidance for Distributors in data gathering and reporting
Packaging material sub-categories
Along with the introduction of reporting of recyclability assessments (RAM), for their 2025 data submissions, producers also had to split out their Household Plastic into material sub-categories ‘Rigid’, and ‘Flexible’.
This reporting requirement was unaffected by the RAM reporting RPS and Producers will have needed to report their Household Plastic under these sub-categories in their recent 2025 H1 data submissions.
PackUK, as the scheme administrator, has the ability to introduce more sub-categories in future submission periods. For more information about packaging categories, please refer to the Government guidance.
Reusable packaging
Packaging must be reported as reusable packaging only if both of the following apply:
- The packaging meets the definition of reusable packaging, in that is has been designed to be used multiple times for the same purpose for which is was originally conceived, and
- The producer in relation to that packaging has instituted a system of reuse for the reusable packaging.
Reusable packaging must still be reported twice in data submissions:
- On one line as packaging supplied, as either household or non-household packaging, split out by packaging class, and
- On another line as either primary, or non-primary reusable packaging
The first line will pick up the obligation, if the producer is a large producer, and the second line is to show that the packaging is being reported as reusable packaging.
Packaging is no longer considered reusable because the user, or final user, can potentially reuse the packaging, or the packaging is capable of being reused.
Packaging will now have to be part of an evidencable reuse system. For example:
- A producer imports pallets, that have been designed for reuse. The company then reuses these pallets to send goods to their customers.
Where a producer picks up the obligation for empty packaging as a distributor, and supplies the packaging to a small producer who has a system of reuse, the distributor would not report the packaging as reusable as it is not their system of reuse.
For producers reporting as a service provider, under the activity ‘hired or loaned’, this must also be reported as reusable packaging because the service providers has instituted a system of reuse for the packaging they are hiring out.
Packaging repairs
There is a new section in the Agreed Positions v7 clarifying the obligation for materials used to repair packaging.
Looking at pallets as an example
- If old pallet wood is used to make an entirely new pallet, this would be classed as a recycling activity, and the “new” pallet must be reported as new.
- If a used pallet is repaired using wood that is either new, or wasn’t previously part of a pallet, this “new” wood added must be reported as new.
- But where a used pallet is repaired with woods from an old pallet, this counts as a repair and does not need to be reported.
If you are using second-hand or refurbished pallets, please speak to your pallet supplier to gather the information on any new material that you may need to report.
For companies that are refurbishing pallets, any new material that you are supplying to producers under the large threshold, would potentially need to be picked up under the activity ‘supplied as empty’. Please read the guidance for distributors for more information.
Evidence needed for self-managed consumer waste (SMCW)
Under the current regulations, producers who report self-managed consumer waste will need to:
- Report the amount of SMCW that was sent for recycling
- But also need to keep evidence of the amount of SMCW that has been recycled, which must only include the recyclable proportion of the packaging excluding contamination. Producer may obtain this information from their waste providers.
We are expecting a change in the amending regulations due to be released later this year which may change reporting requirement from the first point (send for recycling) to the second point (has been recycled), with potentially the requirement for a resubmission, but we will confirm this once the amending regulations have been agreed by Parliament.
New guidance for distributors
- Reminder: Distributors for pEPR are defined as the manufacturers or importers of unfilled packaging, and the term is not to be used in the traditional sense of wholesalers, resellers, etc.
There is a new section to the Agreed Positions v7, Appendix 10, which has been included to:
- Help businesses determine whether they must report the unfilled packaging they supply,
- Give examples for the evidence that an organisation may use as evidence when reporting, or not reporting, as a distributor,
- And to help distributors to comply with the reporting obligations.
The section is quite long and in depth, and to avoid mistranslation, we are recommending producers read through the whole section, including examples, in detail to make sure that everyone in their business understands the reporting requirements for distributors.
It is also worth noting that in the recently released RAM ‘supplementary guidance’, PackUK did confirm that distributors should carry out recyclability assessments at the point they supply empty packaging and don’t need to worry about any labels or ancillaries being added by their customers.
Updated interpretation of manufacturer
Section 3:13 of the Agreed Positions v7 has been fully updated and overhauled with new guidance to help producers determine when packaging has been manufactured and becomes subject to pEPR obligations.
Under the new guidance, a packaging component is ‘finished’ once it has undergone its last substantial modification. Packaging can either be a single component or made of several components, such as a lid, bottle, label, which can all undergo their last substantial modifications in their own right.
Definition of a substantial modification
A substantial modification is the final manufacturing process that changes the nature of a component or its features, such as its shape, structure, thickness, or weight, bearing in mind that not all manufacturing processes are deemed substantial modifications.
Examples of substantial modifications (not exhaustive)
- Extrusion, Forming, or Moulding.
- Layering or laminating: For example adding a layer of plastic to paper/card to form a fibre-based composite material.
- Printing: Where printing on an item results in that item becoming packaging, for example printing information on a label. Printing onto a component that is already packaging is not considered a substantial modification.
- Cutting: For example, cutting film to size, or cutting formed trays out of a larger sheet.
Examples which are not substantial modifications
- Blowing or forming packaging from a preform
- Labelling packaging: For example, by glueing or heat shrinking.
- Sealing packaging: For example attaching a film lid onto a tub or sealing film into a bag.
There are also examples laid out in the new Agreed Positions, and we recommend that producers read through this section thoroughly to make sure they, and others in their company, are up to date with the latest guidance, as some of this does differ to previous interpretations.
Where 2024 data or 2025 H1 data has been submitted according to previous interpretations, that data does not need to be amended and can be reported in line with previous guidance, but for 2025 H2 data onwards, producers should gather and report data in line with this new position.
Please also not that, while this guidance is based on that for Plastic Packaging Tax (PPT) there are some differences, and producers should refer to the guidance specific to each regulation to ensure they are compliant.
To download the latest version of the Agreed Positions, please head to the National Packaging Waste Database
Beyondly are here to help!
We are here to help you with your requirements to collect and store all data related to the new pEPR Regulations. Your Account Manager and our wider Packaging Team are on hand to help you digest all changes presented during the establishment of the new pEPR Regulations, and to help you prepare for future submissions.
If you have any queries or would like to discuss this further, please contact your Account Manager, or drop a message to [email protected].
We look forward to continuing to help you navigate the EPR Regulations now and in the future.
