This is our third article in a series of articles about the Producer Responsibility Obligations.
The first article, ‘Packaging waste – An introduction to the producer responsibility obligations’, provided an overview of The Producer Responsibility Obligations (Packaging Waste) Regulations 2007, SI 2007/871 (PRO(PW)R 2007), by discussing fundamental questions such as:
- What is the producer responsibility principle?
- What is meant by a producer under the PRO(PW)R 2007?
- What is meant by packaging?
- What are the producer responsibility obligations under PRO(PW)R 2007?
- What are Packaging Recycling Notes (PRNs) and Packaging Export Recycling Notes (PERNs)?
- What is the purpose of compliance schemes?
The second article in this series ‘Understanding packaging waste under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007’, delved into more detail regarding the meaning of packaging waste under PRO(PW)R 2007.
This article focuses on the role of reprocessors and exporters in the context of the Producer Responsibility Obligations.
Regulatory framework
The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (SI 2007/871) establish a system of obligations for businesses involved in the production and handling of packaging.
These regulations require producers to ensure that a certain proportion of the packaging they handle is recycled. Compliance is demonstrated by acquiring Packaging Waste Recycling Notes (PRNs) or Packaging Waste Export Recycling Notes (PERNs) from accredited reprocessors or exporters.
Amendments in 2020 updated the definitions of PRNs and PERNs to focus on recycling rather than recovery.
Transition to Extended Producer Responsibility (EPR)
The UK Government is moving towards an Extended Producer Responsibility (EPR) regime, which will shift the full cost of managing packaging waste from local authorities to producers, in line with the ‘polluter pays’ principle.
This transition is part of broader strategies to promote a circular economy, as outlined in the 2018 Resources and Waste Strategy for England and similar initiatives in Wales.
The EPR system is expected to eventually replace the current obligations under the 2007 Regulations.
Role of reprocessors and exporters
Accredited reprocessors and exporters are responsible for recycling packaging waste and issuing electronic evidence notes (ePRNs and ePERNs) to demonstrate compliance.
These entities must be accredited by the relevant regulator (the Environment Agency in England or Natural Resources Wales in Wales) and may require an environmental permit or exemption, depending on their activities.
Accreditation process
To issue PRNs or PERNs, reprocessors and exporters must apply for accreditation via the National Packaging Waste Database (NPWD).
Accreditation is site- and material-specific, lasts for one year, and requires a UK presence.
Applications must include detailed information about the waste handled, business plans, sampling and inspection protocols, and, for exporters, evidence that overseas facilities meet environmental standards equivalent to those in the EU.
Environmental Permitting
Certain waste activities may be exempt from permitting requirements, but where exemptions do not apply, operators must obtain standard or bespoke permits. The permitting process is governed by the Environmental Permitting (England and Wales) Regulations 2016.
Business plan and sampling requirements
Applicants must submit a business plan detailing how funds from PRNs and PERNs will be used, including investment in recycling infrastructure and compliance costs.
A sampling and inspection plan is also required to ensure that only eligible packaging waste is processed or exported.
Fees
The accreditation application fee is £505 for those handling up to 400 tonnes of packaging waste annually, and £2,616 for larger operators.
Additional fees apply for multiple sites or overseas operations.
Export standards
When exporting packaging waste outside the EU or OECD, exporters must demonstrate that the receiving site meets ‘broadly equivalent’ environmental standards.
This can be evidenced through official statements, permits, or inspection reports.
Conditions and compliance
Accredited entities must comply with strict conditions, including accurate record-keeping, adherence to business and sampling plans, and compliance with waste shipment regulations.
Quarterly and annual reports must be submitted via the NPWD, detailing waste handled, PRNs/PERNs issued, and financial information.
Enforcement and penalties
Non-compliance, such as issuing PRNs/PERNs without accreditation or providing false information, constitutes an offence.
Regulators have the authority to suspend or revoke accreditation, and there is a right of appeal against such decisions.
If your organisation is applying for accreditation, managing compliance, or preparing for the transition to EPR, now is the time to ensure your processes meet regulatory expectations.
For advice or support, contact James Edes to discuss how the current regulations and future changes apply to your business.