When the department delayed payments to local authorities under EPR from October 2024 to October 2025 back in July, it maintained that other timescales “have not changed”(see letsrecycle.com story).
Data for the first half of 2023, used to calculate payments, was thus still due for October 2023.
The RPS published earlier today however sets out that this can now be submitted by 31 May 2024. Data for the second half of 2023 will also need to be published on the same date.
RPS
The RPS explains that the legal requirements under the Packaging Waste (Data Reporting) (England) Regulations 2023 remain in force.
However, the Environment Agency will “not normally take enforcement action” against a company which does does comply, provided that the following conditions are met:
- You submit the first reports containing the data covered by regulation 17(1) on or before 31 May 2024
- You submit the second reports containing the data covered by regulation 17(1) on or before 31 May 2024
- You keep records for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request
This RPS will expire on 30 June 2024, but the Environment Agency warned that it can “withdraw or amend this regulatory position” before it expires if considered necessary.
Anybody who can not comply must tell the Environment Agency immediately.
Delay
The Environment Agency explained that the RPS has been put in place as Defra has decided to defer the coming into force of the Packaging Extended Producer Responsibility main Statutory Instrument by 12 months.
It added that the reports must be reported separately and cannot be submitted as a single annual report.
This will be welcomed
- Martin Trigg-Knight, Clarity Environmental
Welcomed
The move has been welcomed by some compliance schemes, who will now have more time to report data which was due in just over three weeks.
Martin Trigg-Knight, director of compliance services at Clarity Environmental, said the move will also allow more data to be submitted.
He explained: “Essentially, the regulatory position statement announced today that alters EPR submission deadline from H1 2023 data in October, to H1 & H2 2023 data, now to be submitted for May 31.
“This will be welcomed by producers, compliance schemes and consultants, and assist Defra in making the first submission more successful.
“It’ll allow schemes like Clarity to prepare producers better for their first submission, and give them more time for support. They are also likely to get more data in this way, allowing them to better forecast collection fees”.
Enforcement
As outlined below, Robbie Staniforth, policy director at Ecosurety, said the move has been taken as the Agency will not be in a position to enforce the regulations at the moment.
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