Complying with EPR: How to Report Freeriders

As Extended Producer Responsibility (EPR) regulations gain momentum, so does the pressure on businesses to get their packaging data in order. While many companies are stepping up, a growing number of “freeriders” are failing to meet their legal obligations – and the cost of their inaction is being felt by the businesses that are doing the right thing.

EPR marks a major shift in how packaging waste is managed in the UK. It places greater responsibility on producers to cover the costs of collecting and recycling the packaging they place on the market. That means submitting accurate packaging data and, for large producers, paying fees to support local authority collection and sorting, contributing to the cost of recycling through Packaging Recovery Notes (PRNs).

But some businesses aren’t playing by the rules.

Freeriders are companies that fail to register or report their packaging data under The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024. Whether due to oversight or deliberate avoidance, the result is the same: they gain a financial advantage at the expense of others.

Non-compliance undermines the EPR system by:

• Creating an incomplete picture of national packaging waste
• Skewing funding calculations, leading to higher costs for compliant businesses
• Hindering investment in recycling infrastructure and environmental progress
• Triggering enforcement action, including fines and legal penalties

According to The Grocer, the Environment Agency has investigated over 1,000 companies in the past five months, with more than 800 brought into full compliance. The message is clear: enforcement is happening – and it’s not going away.

Under EPR, a business’s obligations depend on its size and the amount of packaging it handles.

• Small Producers: Turnover over £1m and more than 25 tonnes of packaging annually. Must report data by 1^stApril every year.
• Large Producers: Turnover over £2m and over 50 tonnes. Must report data twice a year – 1^st April and 1^st October – and are subject to fees.

Related content: Extended Producer Responsibility: The Complete Guide

Still unsure where your business fits? Now is the time to review your packaging data. Failing to register or submit accurate reports on time could result in enforcement action.

To create a system that’s fair and effective, every obligated business must play its part.

The Environment Agency and other UK environmental regulators are now proactively identifying businesses that fail to register or report.

Penalties for non-compliance may include:

• Official warnings and compliance notices
• Civil sanctions, including financial penalties
• Formal cautions or, in serious cases, criminal prosecution

If you suspect a business is not meeting its EPR obligations, you can report them confidentially – and even anonymously – via the 24-hour hotlines below:

📞 England, Scotland & Northern Ireland: 0800 80 70 60
📞 Wales: 0300 065 3000

You can also contact the relevant environmental regulator directly:

• Environment Agency (England)
• Scottish Environment Protection Agency (Scotland)
• Northern Ireland Environment Agency (Northern Ireland)
• Natural Resource Wales (Wales)

Not sure where you stand? You’re not alone – and you’re not without support.

At Clarity Environmental, we help businesses of all sizes navigate the complexities of EPR compliance. From understanding your obligations to preparing accurate data and staying ahead of regulation changes, we’re here to make compliance simpler.

Whether you’re unsure about your obligations or concerned about non-compliance in your industry, our expert team is here to help. Get in touch for straightforward, no-obligation advice.