Extended Producer Responsibility for packaging is a policy instrument that assigns financial responsibility for the management of packaging waste to packaging producers. Under this system, it is mandated that those who place packaging into the UK market bear the full net cost for the collection, sorting, and treatment of packaging waste.
In this article Clarity outlines one of the many differences between the current system and EPR, one of which is the categorisation of waste types between EPR Household waste (HHW) and EPR Non-Household waste (NHHW). Packaging producers obligated under EPR will be required to report on their HHW and NHHW twice a year to the Scheme Administrator (TBC) as well as paying a Local Authority Waste Management fee on their EPR HHW.
Update:Initially to ensure the legislation has clear legal operability, the definitions of Household and Non-Household waste differed from the traditional understanding of what is perceived as a household waste item. The initial definitions relied heavily on where the packaging arose in the supply chain rather than where the packaging waste ends up. Following feedback from the recent consultation on the pEPR regulations, Defra and the Environment Agency plan to amend the definition of Household and Non-Household to ensure that waste that is reasonably considered to be business waste will not incur a Local Authority Waste Management fee. New definitions to come into force after the first submissions for EPR. |
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Updated definition:
In the UK pEPR Regulations, “household packaging” is all primary or shipment packaging which is not packaging described below.
The following primary or shipment packaging is not to be treated as household packaging:
Under the UK pEPR regulations the below organisations are defined as ‘public institutions’:
Packaging for a product where the product is designed only for use by a business or a public institution, and the packaging for that product is not reasonably likely to be disposed of in a household bin or a public bin will not accrue a Local Authority fee. However, packaging on products that are for businesses/public institutions and general consumers are always considered household packaging. Packaging that satisfies one of the above tests but not both, is to be treated as household packaging.
The Environment Agency may take into consideration the size and weight of packaging when deciding whether packaging is likely to be collected on the kerbside and will be releasing further guidance on this. The Clarity team work hard to ensure that our members are aware of all updates to the regulations as soon as possible.
Binned waste will also be included under the EPR household waste definition.
Non-household packaging is packaging which is supplied to a business which is the final user of that packaging.
As explained above, all primary and shipment packaging is classed as household waste however, if it is supplied to a business or public institution who is the final user of that packaging which can be clearly evidenced, this packaging can be classed as EPR non-household packaging.
Where an obligated producer cannot provide sufficient evidence, all primary and shipment packaging is to be treated as household packaging.
It is important to note that the updated definition of Household Waste applies only to obligated producers 2024 H1 EPR submission onwards. The 2023 H1 and H2 data submissions should reflect the initial definition of Household and Non-Household packaging waste. You can find these definitions below.
Household
Household packaging is all primary and shipment packaging except where this is supplied to a business who is the final user of that packaging. This means that some packaging will be classed as household packaging, even though it may be unlikely to end up in a household waste bin.
If there is more than one link in the supply chain between the responsible producer and the final user of the packaging, the packaging must be classed as household packaging even if the final user of the packaging is a business. For example, where packaging is supplied to a wholesaler who then supplies it to the end-consumer, this would be classed as household packaging under EPR.
Binned waste will also be included under the EPR household waste definition.
Defining household packaging uses its position in the supply chain, and this sometimes means that other, traditionally NHH, packaging is captured within this.