The agreement is in relation to the Recycling Assessment Methodology (RAM) for extended producer responsibility for packaging (pEPR).
Crucially, the EA has also confirmed that it will “not normally take enforcement action” against producers that apply the forthcoming definition rather than the current definition.
The update effectively encourages packaging producers to voluntarily use the updated definition before it legally comes into effect at the start of next year.
The update was made in a new Regulatory Position Statement (RPS) released last week (7 July 2025).
What is the new definition?
RPS 351 confirmed that from 1 January 2026 packaging will be classed as paper or cardboard if it has “a layer or layers of plastic are not more than 5% of the packaging material by mass”.
Anything with over 5% plastic will continue to be classed as FCB.
The current definition of FCB packaging is “paperboard or paper fibres, with a layer of plastic, which may also have layers of other materials, to form a single unit that cannot be separated by hand”.
It includes items such as paper coffee cups with a plastic lining.
Once the amendment is in place, the definition of FBC and paper/board will align with those of the RAM, making it easier for producers to both report and assess their packaging.
Under the RAM, different kinds of packaging will receive different ratings based on their recyclability.
The rating affects the disposal fee that will be charged for that packaging – a process which is known as “fee modulation”.
‘Common-sense approach’
Robbie Staniforth, at Ecosurety, said: “We welcome this common-sense approach from the government.
“It would be extremely unhelpful to classify packaging one way now, and then a totally different way in the coming year.
“Passing the amendment in parliament is not in any doubt so it is sensible to encourage producers to use the new definition, which is effectively what this Regulatory Position Statement does.
“This announcement is another example of how the government has stepped up its game in finding solutions to the issues flagged by industry and they should be commended for it.”
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