An increased number of businesses will incur obligations and costs in managing packaging and packaging waste due to more stringent regulations in the UK, which are now being phased in, and the EU, where the regulation has applied since August 2026. Businesses that are already regulated will incur increased obligations and costs.
Which businesses are subject to the UK regulations?
For nearly 30 years, businesses established in the UK with an annual turnover of over £2m that imported or supplied over 50 tonnes of packaging in the last calendar year have been subject to packaging and packaging waste obligations.
On 1 January 2026, the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (pEPR) revoked the former regulations and are now being phased in. The pEPR apply not only to large businesses as indicated above; they also apply to small businesses with an annual turnover of over £1m that imported or supplied over 25 tonnes of packaging in the last calendar year.
Businesses subject to the pEPR are called “producers”, a term that is defined broadly to include producers and importers of packaged products, distributors of empty packaging, and sellers of filled packaging (including e-commerce (online) sellers). As with the previous regulations, if one company in a group of companies is subject to the pEPR, all companies in the group are subject to it.
How do businesses comply with the UK regulations?
Most businesses complied with the former regulations by joining an approved compliance scheme which, on their behalf, registered with the relevant regulator (Environment Agency in England); obtained packaging waste recycling notes (PRNs) or packaging export recycling notes (PERNs) from accredited re-processors (such as recycling facilities) as evidence that they achieved the required tonnage of recycled packaging; and submitted an annual data return that detailed the type and amount of packaging placed on the UK market. The amount varied according to the type of packaging (e.g., paper, glass, plastic, etc.) and its weight.
Under the pEPR, small and large producers must (either directly or through an approved compliance scheme) register with the relevant authority, pay registration fees, submit annual or bi-annual reports (respectively) on empty packaging and packaged products handled or supplied in the UK, and retain records. Producers can submit these reports themselves on a dedicated portal (which can be accessed here), and the Department for Environment, Food & Rural Affairs maintains a library of key resources to assist producers, including reporting templates (which can be found here).
In addition, large producers must create an account to report packaging data, pay a fee to PackUK (a new body under the Department for Environment, Food & Rural Affairs), buy PRNs or PERNs to meet recycling obligations (as before), report recyclability assessment data, report (more detailed) data on packaging imported or supplied in the UK, and pay a waste disposal fee.
The waste disposal fee is a significant new cost for large producers that generate “household packaging waste”, the definition of which basically covers waste from all packaging that is not supplied to a business as the end/final user. Its major purpose is to shift the full costs of collecting, sorting, recycling, and disposing of household packaging waste from local authorities to producers. The fee is payable to PackUK based on the type and amount of waste generated by a large producer, taking into account its recyclability and environmental impact.
PackUK sets fee rates for household packaging waste, provides guidance, invoices producers, collects payments, and distributes the payments to local authorities, which should use the funding to improve their packaging waste collection services and upgrade recycling facilities.
As with the previous regulations, non-compliance with the pEPR is a criminal offence. Prosecutions have tended to be replaced by enforcement undertakings that include unpaid fees plus a penalty. In 2025, the Environment Agency accepted 16 enforcement undertakings for non-compliance with the former regulations for a total of £531,478.
Which businesses are subject to the EU regulation?
The EU Packaging and Packaging Waste Regulation (PPWR) significantly increases obligations of UK businesses that export packaging (including packaging on products) to the EU.
The PPWR entered into force on 11 February 2025 and applies from 12 August 2026. As with the pEPR, the PPWR shifts obligations and costs for packaging waste to “producers”, broadly defined in a similar manner to the pEPR to include businesses that place packaging on the EU market, including manufacturers, importers, distributors and retailers (including e-commerce platforms).
Businesses that export packaging to the EU must register with the relevant authority in the Member State in which the packaging is marketed; collect and report data on the type, weight, recyclability and recycled content of the packaging; and pay applicable fees.
How do UK businesses comply with the EU regulation?
The PPWR is more stringent than the pEPR. The term “packaging” refers to any item that an economic operator intends to use to contain, protect, handle, deliver, or present products to another economic operator or an end user, regardless of its material composition. Further, the PPWR applies to all “packaging waste” regardless of whether it originates from households, offices, industry, retail, etc.
In contrast to the pEPR, the PPWR includes design and sustainability requirements. For example, food-contact packaging must not contain per- and poly-fluoroalkyl substances (PFAS, widely known as "forever chemicals") above specified concentration limits. All packaging must be recyclable. If packaging does not comply with the PPWR, it may not be placed on the EU market.
In order to comply with the PPWR, UK businesses that export products to the EU must, among other things, carry out a conformity assessment procedure, prepare technical documentation, and sign a declaration that the packaging conforms to the PPWR.
Even more stringent requirements will apply in the future, including the following:
- From 12 August 2028, packaging must be marked with an EU-harmonised label, including pictograms, to state its material composition.
- From 1 January 2030, various types of single-use packaging will be banned, the recycled content of some packaging will be increased, and the empty space in packaging must not exceed 50%.
- Packaging must also be designed to reduce its weight and volume to the minimum necessary to ensure it is functional.
How does this affect the life sciences sector?
Neither the PPWR nor the pEPR contain a blanket exemption for packaging or packaging waste for medicinal products and medical devices. Further, neither replaces existing packaging regimes for pharmaceutical companies or other companies subject to the existing regulations.
The pEPR applies different criteria for reporting medical packaging than other packaging due to the inability in some cases for the packaging to be more environmentally sustainable.
The PPWR, in particular, raises challenges for businesses operating in the life sciences sector. The regulation specifically adjusts some recyclability requirements to ensure that packaging for medicinal products and medical devices does not compromise their safety, integrity or protection. In addition, the PPWR contains specific exemptions for some requirements such as packaging in direct contact with the medicine or device, as well as outer packaging.
For example:
- Article 6 of the PPWR states that the regulation does not apply to contact-sensitive packaging of medical devices or in vitro diagnostic medical devices subject to the EU Medical Device Regulation or the EU In Vitro Diagnostic Devices Regulation.
- Article 7 states that the regulation does not apply to contact-sensitive plastic packaging of medical devices or in vitro diagnostic medical devices, again covered by the above two regulations.
Further information
If your business involves packaging and packaging waste and you have any questions or require support with the pEPR, the PPWR, and your current or future obligations, please get in touch with us.
