Extended Producer Responsibility (EPR) schemes are becoming increasingly important to packaging reduction as countries worldwide grapple with growing waste management challenges. 

But what exactly are these schemes? How do they work in different countries? And how can you meet their requirements? 

If you’re a consumer goods brand selling in the EU or UK, complying with packaging regulations is crucial for your business operations. This quick guide breaks down the key EPR requirements across major European markets, helping you navigate your packaging compliance obligations.

‍What is Extended Producer Responsibility?

Extended Producer Responsibility is a policy approach that shifts the onus for managing packaging waste from consumers and local authorities to the producers themselves. 

The core principle is simple: manufacturers and brand owners should be responsible for their products and the packaging used to contain them throughout their entire lifecycle, including what happens after people have finished using them.

Producers pay fees to an industry body or compliance scheme based on:

• The amount of packaging they put into the market
• The type of materials used (some schemes charge higher fees for harder-to-recycle materials)
• The recyclability of their packaging design

The primary goals of EPR schemes are to increase recycling rates and create more sustainable packaging solutions. By making producers financially responsible for waste management, it incentivises companies to design packaging that is easier to recycle and use less materials overall.

EU EPR schemes

More than 80% of EU countries now utilise an EPR system for packaging waste, though management practices vary significantly between nations.

Some countries operate under a collective producer responsibility (CPR) system, where an independent third-party body manages multiple Producer Responsibility Organisations (PROs), and some take an individual producer responsibility (IPR) approach.

Let’s take a closer look at how some of the key EU markets manage packaging waste regulations: 

‍France’s EPR scheme

French EPR requirements for packaging were strengthened by the Anti-Waste & Circular Economy Law in January 2022. Regulations apply to any company that either produces or imports products with packaging for the French market, regardless of volume. There is no minimum threshold for registration, meaning even small quantities of packaging trigger EPR obligations.

Companies must obtain a Unique Identification Number (UIN) from the French Agency for Ecological Transition (ADEME). However, manufacturers typically don't deal with ADEME directly - instead, they register with a Producer Responsibility Organisation (PRO), which handles the UIN registration process. 

In addition to consumer and shipping packaging, French legislation also applies to food service deliveries and textiles. 

Manufacturers' ongoing packaging obligations include maintaining a contract with their chosen PRO, paying regular fees based on their packaging volumes, and submitting annual reports about packaging quantities on the French market. 

While appointing an authorised representative isn't mandatory, companies can voluntarily choose to have one to help manage their registration and compliance requirements.

‍Germany’s EPR scheme 

The German Packaging Act (VerpackG) framework was first introduced in 2022. Manufacturers must comply with three main product categories: packaging materials (including both product and shipping packaging), and electrical and electronic equipment that operates on voltage up to 1,000V AC or 1,500V DC. The German Battery Act (BattG) also governs the return and disposal of batteries (including automotive, industrial, and portable consumer batteries).

All manufacturers must select a compliance scheme, report their packaging quantities and types, pay the appropriate fees and meet ongoing recycling targets. The system is strictly enforced, with non-compliance resulting in fines up to €200,000 or bans on product distribution. 

The first step towards compliance with the German Packaging Act is to apply for a LUCID Number via Zentrale Stelle Verpackungregister. The LUCID Number can then be used to join a suitable scheme. 

‍Italy’s EPR scheme 

In Italy, the EPR system focuses heavily on packaging management, with recent updates specifically addressing biodegradable and compostable plastic packaging. 

Italian EPR law requires producers to comply with three main obligations. First, they must sign up to the national producers' register and establish a contract with an eco-operator for packaging management. 

Second, they must pay eco-contributions for their product packaging, based on material type and weight. 

Third, they must submit regular declarations. These start as quarterly reports in the first year but can shift to annual, quarterly or monthly reporting from the second year depending on their total declared EPR fees. 

Non-Italian producers must appoint an authorised representative based in Italy to handle these requirements.

‍Spain’s EPR scheme

Spain’s EPR scheme is governed by Royal Decree 1055/2022, which defines producers as those who buy, import or purchase packaging from other EU countries for sale in the Spanish market. 

The policy covers all packaging used for storage, protection, processing, distribution and presentation of goods throughout the supply chain. Unlike some other countries, Spain has no minimum threshold - all producers must comply regardless of volume.

To meet Spanish EPR requirements, manufacturers must follow a specific registration process. First, they need to obtain a Spanish NIF tax number. Then, they must register with an approved PRO, which helps them register with the Ministry of Environmental Transition and Demographic Challenges (MITECO) to obtain their EPR number. Foreign companies must appoint an authorised representative to handle these requirements.

Once registered, manufacturers must maintain regular payments to their PRO based on waste volumes and the PRO's fee structure. They're also required to submit annual reports detailing the amount of packaging placed on the Spanish market. 

‍The UK's EPR Scheme 

In the UK, EPR legislation was launched in a phased format in 2023, applying to organisations that import or supply packaging, with obligations determined by both turnover and packaging volume. 

Companies must meet EPR laws if they:

• Are an individual business, subsidiary or group (excluding charities)
• Have an annual turnover of £1 million or more
• Were responsible for importing or supplying more than 25 tonnes of packaging to the UK market in the previous calendar year
• Carry out any specified packaging activities

Small organisations (£1-2 million turnover with >25 tonnes packaging, or >£1 million turnover with 25-50 tonnes packaging) are only required to record and report their packaging data. 

Large organisations (£2 million+ turnover and >50 tonnes packaging) have more extensive obligations, including data reporting every six months, paying waste management fees, scheme administrator costs and environmental regulator charges. They must also obtain Packaging Waste Recycling Notes (PRNs) or Packaging Waste Export Recycling Notes (PERNs) to meet recycling obligations.

Notably, while companies must report their 2023 packaging data, the UK has deferred EPR fees for one year. As a result, companies won't pay EPR packaging fees in 2024, but they will need to pay fees in 2025 based on their 2024 data. 

‍Navigating EPR Compliance Across Europe

As EPR schemes continue to evolve, consumer goods brands face increasingly complex compliance requirements. Each country has its own unique approach, meaning it’s essential to understand the specific obligations in each market where you operate.

Successfully managing EPR commitments depends on maintaining accurate records, meeting reporting deadlines and understanding fee structures across multiple jurisdictions.

As specialists in consumer goods compliance, Hooley Brown can help you understand and implement EPR policies while ensuring your packaging meets local standards throughout European markets.

Reach out to our team to discover how we can support your business.

This blog post was published in December 2024. Information was correct at the time of publishing.

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