DEFRA publish draft Statutory Instrument for EPR as we approach the transition year (2023)

On 23 November, the Department of Environment, Food & Rural Affairs (DEFRA) published the draft Statutory Instrument (SI) after it was laid to parliament the day prior. The SI forms an integral part of the upcoming Packaging EPR legislation and is well received by all in the industry as requirements for producers begin in 2023, the transition year.

During the transition year, producers will be required to submit data under EPR and the SI outlines how businesses will be required to do this. The release of the draft SI confirms that the data reporting legislation will come into force on 28 February 2023 and will be known as the ‘Packaging Waste (Data Reporting)(England) Regulations 2022’. Whilst the legislation doesn’t come into force until the end of February, producers are required to collect packaging data under the new requirements from 1 January 2023, for the first biannual submission due between 1 July 2023 and 1 October 2023.

The supporting documents shared alongside the draft SI informs us, as expected, that the legislation requires producers of packaging to collect and report data on both the amount and type packaging that they place on the market. This data will be used to calculate the new quarterly EPR fees producers will be required to pay to cover the cost of managing this packaging as part of EPR, which will be fully implemented from 2024.

This table below shows the data / free requirements for 2023 compared to 2024 and 2025 as we transition:

Year Data Fees

Change from current requirements, but not at the more ‘granular level’ yet.

Requirements: Packaging material, level, household/non-household split, street bin packaging, nation data

No new EPR fees this year as they start once both bi-annual submissions are in (April 2024)

Will still be paying PRN fees during 2023 based on 2022 packaging data submitted Feb – April 2023


More granular data starts to allow the regulator to assess packaging for its recyclability and so fees can be modulated

Requirements: unconfirmed but likely to include component level data and much more detailed information on packaging

Based on 2023 packaging data once all submitted by April 2024, this is not granular so fees can’t be modulated

Fees will be raised by the regulator apportioning a set fee for each material and generally how easy this is to recycle [unmodulated]


Granular data submissions continue

Requirements: unconfirmed but likely to include component level data and much more detailed information on packaging

Modulated fees begin based on 2024 packaging data once all submitted by April 2025 (after second bi-annual sub)

Now we have more granular data which allows the recyclability of the packaging to be assessed and fees raised based on this

Easy to recycle packaging = lower fees

Harder to recycle packaging = higher fees


Granular data continues

Modulated fees continue

Our Regulatory Affairs Coordinator, Emma Wilkinson, over the coming days will be looking to summarise the SI released by DEFRA in order to allow us to update our members accordingly. We will be sharing a more detailed news story and look to host a webinar(s) early 2023 to inform you, our members, of your new responsibilities as a packaging producer.

Should you have any questions ahead of our next update, or would like to have some time with our team as part of an EPR discovery session, contact our solutions team on