Mandatory EPR labelling provisions delayed

Defra have announced they have removed text around labelling provisions from the draft EPR statutory instrument (SI) that’s due to be passed by the end of the year, ahead of 2025.

Packaging producer responsibility regulations currently in place include the existing 2007 PRN regulations and the packaging EPR data submission regulations (passed in 2022). However, there is currently none in place that provides for the wider aspects of the system such as producer obligations to pay Waste Management Fees and the Scheme Administrator responsibilities.

Why is mandatory labelling being revoked?

The draft SI will revoke and replace the two sets of legislation once it is through the parliamentary process, in addition to setting out the other aspects of EPR mentioned above. Earlier in the year the SI, as a legal requirement, was notified to the World Trade Organisation and the European Union.

It was found that if the labelling provisions remained in the draft text, this could delay the whole legislation being passed due to the complexity of the Windsor Agreement and maintaining a soft border between Northern Ireland and the Republic.

Defra state they are still committed to introducing a form of mandatory labelling to the EPR system, and that this is a “temporary position…and [that their] approach is likely to be consistent across all nations of the UK. In preparing these provisions, we will review the forthcoming EU packaging legislation and explore the potential for consistency across our approaches”.

Our recommendation to packaging producers

It was previously understood all primary and shipment packaging, including flexibles and soft plastics, should bear OPRL’s recycling labels by April 2027.

Whether or not this is a compulsory requirement, we would recommend packaging producers continue to use the OPRL scheme to ensure their consumers clearly understand how they should correctly dispose of their waste.

“While it is disappointing that mandatory labelling won't come in as anticipated, it is pleasing to see the Government are removing barriers that would stop legislation being laid next month. For the EU, this issue was a major sticking point and it is vital that the law passes and that the new system goes live in 2025.  We believe that packaging producers will continue the trend of labelling their products to help citizens know if it can be recycled or not, on a voluntary basis. Eventually, labelling does need to be mandated to create a level playing field between packaging producers and make it as simple as possible for citizens. However, labelling is just one small facet of the new law that after several years of design still has not passed. It would simply not be acceptable to wait for yet another year or more for the system, just because of this one issue.”