pEPR Amending Regulations Update for 2026 Reporting
On Monday 3 November 2025, the Packaging EPR Amending Regulations 2025 were laid before parliament to be debated and come into effect from 1 January 2026, subject to parliamentary approval.
Important updates for producers:
- Altering and reusing packaging (such as shredding paper for packaging material) remains obligated as a new activity
- New regulations introduced around acquisitions and mergers
- Mandatory resubmissions required by 1 April 2026 for those who have submitted SMCW in their H1 2025 submission (moving from 'sent for recycling' to 'actually recycled' figures). Failure to do so will be classed as an offence.
General updates
There has been a tightening of wording and definitions throughout the regulations, alongside some minor amendments, to reduce confusion and help streamline the delivery of the pEPR service.
Fibre-based composites (FBC)
Already pre-empted by the Regulatory Position Statement earlier this year, the new regulations confirm a 5% reporting threshold for plastic layer(s) on paper/board:
- If you have paper/board with layer(s) of plastic less than 5% w/w of the material = reported as paper/board
- If the plastic layer(s) are over 5% w/w of the material = reported as FBC
Deposit Return Scheme (DRS)
Drinks containers that are registered as a ‘low volume line’ as part of a deposit scheme will now be classed as ‘exempt’ packaging once relevant schemes are up and running.
As a reminder, Westminster and the Senedd are still working together, with industry, on the interoperability of a Welsh DRS system with the rest of the UK.
Altering packaging
In the draft regulations that were sent to the EU earlier in the year, there was a provision removing the altering of packaging (such as the shredding of used paper/card packaging to use as filler) from pEPR obligations.
We can now confirm that this has been removed from the final amendments, and these activities will still be classed as an obligated activity.
Dual-branded packaging
There has been a slight update: where neither of the brands make first supply of the packaging, the brand owner who occupies the largest area of the external surface of the packaging is to be obligated as the producer.
Self-managed consumer waste (SMCW)
The reporting requirements for SMCW have now been updated:
- Previously producers could report all packaging sent for recycling, and keep a record of what has been recycled
- Now producers will only be able to report packaging that has actually been recycled
This does mean that producers who have reported SMCW in their H1 2025 data submission will need to complete a resubmission of this data by 1 April 2026.
Failure to do this will classed as an offence. As long as this is the only data amended in the resubmission, there will be no resubmission charge.
Closed loop food grade plastic recycling
As part of changes to SMCW, there is a new reporting category for food grade plastic supplied and collected by/on behalf of a producer and recycled in a closed loop process back into food grade plastic. Reporting in this category will incur an extra mandatory fee.
We are expecting further guidance to be released by the Government later in November.
Mergers and transfers of ownership
There are three new sections expanding on who is the obligated party during corporate mergers, or the transfers of ownership of brands, businesses, or parts of businesses. This change of regulation will affect the data reporting for the period the merger/transfer takes place, and the previous data period too. It also outlines who is obligated for packaging handled before and after the mergers/transfers, and when submissions have to be amended to account for the changes.
If you know you are going through, or are about to go through, a change of corporate structure, including liquidation or administration, please speak to your Account Manager as soon as you are able so we can correctly advise on the steps you will need to take and the timeframes these will need to be completed in.
There is also now an obligation to let the regulators know when you stop handling packaging, as this may affect whether you are liable for certain fees. Again, please speak to your Account Manager if you know that you plan to stop handling packaging in the near future and we can advise accordingly.
Producer Responsibility Organisation (PRO)
The amending regulations grant PackUK, the Scheme Administrator, authority to assign some of its responsibilities to a PRO who will be an independent, not-for-profit, producer-led body working alongside PackUK in delivery of the pEPR.
While PackUK has been engaging with prospective applicants earlier in the year on the direction and outline the PRO will take, the formal application process is now open for those wishing to apply. The closing deadline is 12 December 2025, with the plan to appoint a PRO in March 2026.
Disposal fees
Where a producer has submitted no, or partial, data in a year, there are now provisions for PackUK to invoice that producer with estimated fees if they believe they are obligated to pay disposal fees.
Regulator registration fees
There has been an uplift in regulator registration fees to reflect the costs of the pEPR system, as well as the expanded duties and operational requirements of the regulators. These fees will come into effect, hopefully, from 1 January 2026, which does mean that:
- large producers who submit late in 2026 will attract the higher fee along with a higher late fee,
- any resubmissions that are completed in 2026 will attract the new fee, and
- small producers will need to pay the higher registration fee, rather than the previous cost that you may have been informed of.
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 or the new pEPR Regulations and 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 an email to [email protected].
We look forward to continuing to help you navigate the pEPR Regulations now and in the future.
