What's happening in the world of policy: September 2026
September is finished. We’re entering Q4 2026 and the run through to the end of, seemingly, a very long year! So far this year we have had:
Producers paying their first disposal fee invoices under UK packaging EPR, along with the publication of RAM 2027.
Engagement and workshops on adopting the EUBR in the UK, with formal consultation due Autumn 2026.
In the EU, a raft of regulations have come into force, including the EU’s PPWR, and the Empowering Consumers Directive which will tackle green claims and unfair commercial practices.
We’ve also seen the continuation of simplifications (Omnibuses) in the EU, with work done to streamline sustainability Directives CSRD and CS3D, alongside final work on SRS in the UK.
We all know policy is never stationary, so what do we have left in store before the year is out?
We’ll start with a quick roundup of packaging in the UK
With their interim strategy published in June 2025, we are awaiting the publication of PackUK’s first 5-year strategy.
Potential inclusion and why this matters:
Information on modulated fees for Years 4-6 (2029-2031 fees) will give producers greater insight on costs over the coming years, though the current 6 months warning on RAM changes still leaves a relatively short period to examine and amend packaging to avoid increasing red fees.
Publication of UK Packaging PRO’s responsibilities will give direction of travel on areas such as communication, public engagement, and development of the RAM and future fee-modulation.
A consultation on the future of eco-modulated fees for pEPR to extend to considerations outside of recyclability (recycled content, packaging minimisation, reuse, or a more holistic view on sustainability considerations). This will be a key point for understanding the future direction of the RAM outside of recyclability, and for producer to start reviewing packaging decisions in advance of potential changes.
We are also expecting RAM 2028 user research and planning to begin between now and February 2027, which will hopefully incorporate practical and technical feedback for future RAM development; really grounding the RAM into the actualities of recycling infrastructure and capabilities, and continuing the move away from theoretical recycling.
On to the EU
Originally due on 30 September 2026, but delayed due to a rejected impact assessment (of all things), we are expecting the EU’s Circular Economy Act (CEA) to be published Q4 2026!
There are also lots of ongoing discussions around the EU’s Packaging (PPWR) and Batteries (EUBR) Regulations that will hopefully be tied up and finished by the time the CEA is published.
But what are the main outcomes we are expecting to be announced? …
Authorised Representatives
On the lips of Member States and companies alike, a fresh discussion has arisen on the obligation around authorised representatives for EPR schemes.
With companies potentially supplying into multiple EU Member States that they are not present in, the idea behind Authorised Representatives is that you appoint someone to be legally held to account in that Member State if you didn’t comply with your EPR obligations.
This is mandatory for EU companies, and voluntary (unless the Member State makes it mandatory) for non-EU companies. There are two issues here…
Firstly, EU companies are easier to track down and hold to account for non-compliance as they are already present somewhere in the EU. Whereas non-EU companies are harder to pin down legally. Will we therefore see Authorised Representatives become mandatory for non-EU companies?
As part of Omnibus VIII, the Commission has already suggested that Authorised Representatives for EU companies be downgraded to voluntary, though apart from consensus for SMEs, it seems this may be delayed until potential Authorised Representatives overhaul in the CEA.
This brings us to the second point: Appointing an Authorised Representative in every Member State you supply goods into can be hugely expensive, especially for smaller companies who may only send a handful of goods into certain countries, potentially locking them out, financially, for certain EU markets.
The potential move from mandatory to voluntary Authorised Representatives is a solution that is on the cards, but we may see greater overhaul of the system, including harmonised rules around appointing, along with the possibility of companies only having to appoint a single Authorised Representative to cover the whole of the EU which would be a huge cost saving opportunity.
The main thing for UK companies is that there is the potential for higher costs if and when Authorised Representatives become mandatory for non-EU companies, though this may be mitigated by simplification of the system, if that is part of the plan.
EPR harmonisation
Speaking of harmonisation, the aim of Regulations, such as PPWR and EUBR, is to standardise legislation across the whole of the EU, reducing regulatory burden and strengthening the single market with ease of market access. The issue is that we now have multiple EPR regulations (packaging, batteries, WEEE, toys, textiles in the near future) which have all been independently written, along with Member States still being given free rein on certain aspects, such as modulated fee, producer registers and reporting, and reporting frequency.
It has been hinted that overhaul of the EPR system will be coming in the CEA, which may include:
Annual reporting frequency for all waste streams and all Member States.
Alignment of eco-modulation criteria and modulated fees for each waste stream, so 'bad' packaging in Austria will cost the same in France for example.
A relook at the register of producers: PPWR introduces a harmonised register for producers, which we may see rolled out to all waste streams. This would make registration across 27 countries and multiple waste streams much quicker and simpler, as you would have the same information to input for each register.
There is the potential here for harmonisation to be harnessed to ensure that EPR works for everyone while reducing admin burdens and costs. Though do remember that, while harmonised, the data gathering and reporting requirements under all these different regulations are looking to increase over the following years as the regulations become more complex.
WEEE Regulation
The final notable update we are expecting from the CEA is either a new EU WEEE Regulation, or amendments to the current WEEE Directive.
The review of the WEEE Directive, from July 2025, found that the legislation, while generally doing a good job, had five areas for improvement:
Scope of the Directive, especially when addressing new EEE and critical raw material--rich waste streams.
The amount of WEEE being collected against targets.
Recovery of critical raw materials and potential increase in obligation around these materials.
Lack of harmonisation of EPR schemes across Member States.
Inconsistent waste treatment standards and the effect on valuable secondary raw materials.
This is also important for UK businesses, as we have been expecting WEEE reform in the UK for some years, and while work and research is progressing at a Government level, precedent from our largest and closest trade partner may spur on development in the UK.
And finally, USA
Maine announced they have received no bids for a Stewardship Organisation and therefore have been unable to further develop their packaging EPR program, despite being the first state to pass EPR into law. This puts further delay on producers being able to register in Maine as they have chosen to funnel EPR through a SO (state run organisation), rather than a producer approved PRO.
Oregon’s packaging EPR law was upheld as constitutional however are still facing pressure from the National Association of Wholesaler-Distributors who are very keen to appeal the decision which could end up impacting other state EPR programs.
California Governor Gavin Newsom signed in SB501 on September 20th which increases the scope of batteries included in the Responsible Battery Recycling Act and sets out further requirements for the introduction of a stewardship plan and defines when a battery is 'easily removable'. We have contacted CalRecycle, the state regulator, for more information for international producers.
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Glossary
EPR - Extended Producer Responsibility
RAM - Recyclability Assessment Methodology
EUBR - EU Batteries Regulation
PPWR - Packaging and Packaging Waste Regulation
CSRD - Corporate Sustainability Reporting Directive
CS3D - Corporate Sustainability Due Diligence Directive
SRS - Sustainability Reporting Standards
PRO - Producer Responsibility Organisation
WEEE - Waste Electrical and Electronic Equipment
