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On 25 July 2023 the UK government announced that increased extended producer responsibility (“EPR”) fees for packaging waste will be deferred by a year from October 2024 to 2025.  In the same week the government also launched a consultation on the draft legislation to implement the new EPR regime which will include the introduction of mandatory packaging recyclability markings for the UK market.

The current producer responsibility regime for packaging waste has been operational in the UK since 1997 but has never placed the full costs of disposing of packaging waste on the businesses who supply and use packaging.  Under the new EPR regime packaging producers will be responsible for the full costs of dealing with packaging and therefore be required to pay significantly increased fees to packaging waste compliance schemes. 

The announcement from the Department for the Environment, Food and Rural Affairs (“Defra“) on 25 July to defer the increased fees has been made in response to concerns around inflation and the pressures faced by consumers and businesses in the current economic context.  The decision will also provide industry, local authorities and waste management companies with more time to prepare for EPR implementation. 

Following on from this announcement, on 28 July Defra launched a new consultation on the text of the draft Regulations that will implement the new EPR regime in the UK.  Importantly, the revised EPR regime will make recyclability marking mandatory on virtually all packaging used for the UK market. This marking will consist of the ‘Recycle Now’ symbol and appropriate wording (either Recycle or Do Not Recycle).  Specific instructions for recycling will need to be provided in some cases. These marking requirements are expected to apply from 31 March 2026 and the current consultation will close on 9 October.

If you have any questions about how the UK’s revised EPR regime for packaging will affect your business please do not hesitate to let us know.

Author

Graham Stuart is a partner in Baker McKenzie's London office specialising in product regulation and environmental, health and safety law.

Author

Rini has a robust background in international trade law. Rini's expertise includes advising on complex customs valuation issues, classification, free trade agreements, trade remedies, as well as product regulation, current geopolitical risks, and supply chain matters. Rini helps clients across different sectors navigate engagement with regulators, customs audits and investigations.
Rini is actively involved in Baker McKenzie's Global Trade and Customs Webinar Series and the Annual Compliance Conference. These series cover a wide range of topics such as tariffs, customs compliance, trade remedies, and the latest developments in global trade, including the Customs Hot Topics for 2025.
Before joining Baker McKenzie, she spent six years with the Canadian government, working on Brexit policy, trade, and tax litigation1.She has been involved in significant WTO litigation cases, such as US – Tuna II (Mexico) and Canada – Welded Pipe1. Additionally, she has conducted over 50 hearings in the Tax Court of Canada and the Federal Court of Canada. She is admitted to practice in England & Wales and Ontario, Canada, and is fluent in Bengali, English, French, and Hindi. Rini is also a member of the Chartered Institute of Arbitrators and TradeExperettes.