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Packaging in the UK

The Packaging Directive has been transposed into UK domestic law by two sets of Regulations.  Responsibility for these is split between the Department for the Environment, Food and Rural Affairs (Defra) and the Department for Business, Enterprise and Regulatory Reform (BERR):

BERR leads on single market aspects of the EC Packaging and Packaging Waste Directive, EU negotiations and the UK's domestic Packaging (Essential Requirements) Regulations 2003 (as amended). These Regulations are enforced by the Trading Standards Office on behalf of BERR.

Defra leads on UK waste policy and all other aspects of domestic implementation of the Packaging Directive - including the setting of recycling and recovery targets - through the Producer Responsibility Obligation (Packaging Waste) Regulations 2007.

Packaging (Essential Requirements) Regulations 2003 (as amended)

The Packaging (Essential Requirements) Regulations 2003 (as amended) set out the requirements that all items of packaging must meet before being placed on the UK market. The Essential Requirements are, in summary:

• Packing volume and weight must be the minimum amount to maintain necessary levels of safety, hygiene and acceptance for the packed product and for the consumer.
• Noxious or hazardous substances in packaging must be minimised in emissions, ash or leachate from incineration or landfill.
• Packaging must be manufactured so as to permit reuse or recovery in accordance with specific requirements.

These Regulations are enforced by the Trading Standards Office (TSO) on behalf of BERR.  TSO investigates complaints of excessive packaging and can offer guidance on specific packaging products and proving compliance.

A series of European Standards have been published in the Official Journal of the European Union. Conformity with these proves compliance of a specific packaging product with the essential requirements - with the result that once certified, that packaging should enjoy free movement anywhere within the Community. Full details of the standards are available from BSI (British Standards Institute).

Guidance: BERR's 2007 Guidance Notes provide information on the Packaging (Essential Requirements) Regulations. These updated notes provide for the changes from 2006 amendments

BERR Reports:

• "Impacts of the Essential Requirement Regulations" (2003).   The then Department of Trade and Industry (now BERR) published this survey which includes companies' examples to meeting requirements of the Regulations.

Producer Responsibility Obligations (Packaging Waste) Regulations 2007

The UK meets the Directive's recycling and recovery targets for packaging waste through the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007 No 871) - generally referred to as the 'Packaging Waste Regulations'(see related docs).

The UK system works by requiring companies above the threshold of a £2million annual turnover, and handling more than 50 tonnes of packaging a year to pay for a certain proportion of the UK obligations to recycle packaging.  Companies can join a compliance scheme to deal with their obligation for them or companies can directly register and report to the enforcement authorities: the Environment Agency (in England and Wales), Scottish Environmental Protection Agency (Scotland) or Environment & Heritage Service (Northern Ireland).

Companies can fulfil their obligation by buying Packaging Waste Recovery Notes (PRNs) or Packaging Waste Export Recovery Notes (PERNs). PRNs can only be issued by reprocessors of packaging waste once accredited to do so by the enforcement authorities.  PRNs have a market value which can fluctuate in relation to demand for the notes in relation to the supply of recycled material; the UK recycling targets set for that year; and the amount of PRNs/PERNs companies or compliance schemes already purchased. PERNs are issued for the export of packaging waste to approved reprocessors overseas.

For further details on the annual recycling targets for business and how the PRN and PERN system works, contact Defra or the relevant enforcement authority to find out if you need to register - see contact details below.

Guidance: Defra's Packaging Waste Booklet provides an overview on the Producer Responsibility Obligations (Packaging Waste) Regulations 2005.

BERR Reports:

• Report on the evaluation of the costs and benefits of collecting metal packaging in multi-material curbside collections (2004). The then Department for Trade and Industry (now BERR) published this study on including metal cans in curbside collection schemes  Evaluation of costs and benefits of collecting metal packaging in multi-material kerbside collections

Reports made by Defra can be downloaded from their Packaging Waste website at http://www.defra.gov.uk/environment/waste/topics/packaging/index.htm

Advisory Committee on Packaging (ACP)

The Government set up the ACP to advise DEFRA and BERR on policy development relating to the Packaging Waste Regulations.  The ACP is chaired by, and composed of industry representatives from across the packaging chain.  Enforcement agencies and government officials also take part in meetings.  Reports from the ACP feed into policy options set out in consultations on changes to the Packaging Waste Regulations.

The ACP has a number of sub-committees, focusing on Exports, Data, Household Packaging Waste, and Metals.  Their findings are published in reports produced by the ACP, which are passed to the Environment Minister. Contact Defra for further information.