Nation-of-sale data for businesses newly obligated under EPR thresholds

The reform of the current packaging Producer Responsibility regulations to a system of Extended Producers Responsibility will bring a new requirement for smaller businesses that have never been obligated within the packaging regulations before.

The new lower threshold will obligate small businesses that meet or exceed £1 million turnover or 25t of packaging supplied to the market during a calendar year, but that don’t exceed the higher threshold of £2 million turnover or 50t of packaging supplied to the market.

For a full overview of packaging Extended Producer Responsibility and how it will impact small businesses obligated under the lower threshold click here to read our last news story published in July 2022.

The guidance on packaging EPR states that businesses obligated under the new lower threshold *may* have to report nation-of-sale data. Nation-of-sale data would require obligated producers to separately report data on packaging placed on the market in each of the four UK nations, England, Northern Ireland, Scotland and Wales. This is to facilitate the tracking of progress of meeting packaging waste recycling targets in each of the four UK nations.

However, at the London Packaging Week conference on 22 – 23 September 2022, DEFRA confirmed within their talk that this reporting requirement would apply to businesses obligated under the lower threshold. Therefore, this news story outlines what nation-of-sale data could look like for small businesses and the potential requirements for 2023, the transition year to EPR.

Are you obligated under the lower threshold?

What is nation-specific placed on the market data?

As you will see from the table above, businesses who have a turnover above £1 million and supply over 25t of packaging to the market in a calendar year (including lower threshold obligated producers), will be required to report their nation-of-sale data, on where in the UK (England, Scotland, Wales & Northern Ireland) they have undertaken any of the following:

  • Sold filled packaging to the end-user (Sellers)

Example: Supermarkets for the sale of primary packaging, manufacturers for the sale of secondary and transit packaging, and Importers for any packaging imported and subsequently sold (if you import unfilled packaging, and sell it to a manufacturer, you would be a seller with regards to any transit packaging).

  • Sold unfilled packaging to unobligated producer (Distributors)
  • Hired out reusable packaging (Service Providers)

Example: Packaging that is hired out would only need to be reported the first time it is placed on the market.

  • Facilitated the sale of filled packaging via an online marketplace (online marketplace)
  • Any packaging that has been imported but subsequently discarded in the UK before selling (Importers)

This obligation would apply to all types of packaging, including transit and delivery packaging, though there are no fees associated with this obligation.

Collecting nation-specific placed on the market data

Obligated producers must submit nation data for the packaging they supply to the UK market during 2023, by 1 December 2024. For this first year of nation-of-sale data reporting, the submission deadline is extended to allow a whole year to collate and report this information. However, after the first year the submission deadline will move to July each year, reporting on the previous year. This will come into place when reporting the nation-of sale data for 2024 packaging supplied in 2025 and onwards. The regulator will accept the use of estimates for secondary and tertiary packaging until 2027.

As we move closer to the transition year (2023), we will continue to provide updates in line with when we receive updates from DEFRA, in order to keep you fully informed as we grow closer to EPR. If you have any questions or wish to find out more from our team on how to prepare for EPR, email or call 01756 794 951.

If your business has an annual turnover of £2 million or more and handles 50t or more of packaging during a calendar year, you will be fully obligated as part of the EPR higher threshold. If this applies to you, read more in our EPR Knowledge Bank. For more information on this, get in touch with our solutions team on