Packaging EPR Agreed Positions: Version 8 key changes

When a person ceases to be a producer

A clarification has been added confirming that when a business ceases to be a producer, it must notify the appropriate regulator within 28 days.

This ensures regulators maintain accurate producer records and reflects the importance of timely communication when business activities change.

Producer data reporting requirements

A new paragraph reinforces that packaging data must be reported as accurate as reasonably possible (AARP).

However, regulators have clarified that this principle cannot be used as a reason to miss submission deadlines.

Key points include:

• Producers must submit their data on time using the most accurate information available at that point.
• Businesses cannot delay submissions intentionally while waiting for improved data accuracy.
• If more accurate data becomes available later, the producer must resubmit updated data.

This reinforces the expectation that timeliness and transparency are both critical elements of compliant reporting.

Supply of packaging already reported

Version 8 introduces a new section covering the supply of packaging that has already been reported by another producer.

The guidance confirms that:

• Packaging does not need to be reported again if it has already been reported earlier in the supply chain.
• An exception applies where nation of sale reporting requires additional reporting.
• Producers must only report any packaging components they add themselves.

This clarification helps prevent duplicate reporting across the supply chain.

Definition of being established in the UK

The updated guidance clarifies how regulators interpret whether a producer is “established in the UK.”

It confirms that:

• A postal address in the UK qualifies as a UK establishment.
• The address does not need to be premises owned by the producer.
• An address capable of receiving post or returned goods is sufficient to demonstrate UK presence.

This clarification is particularly relevant for online retailers and international sellers.

Charity exclusion clarification

The guidance clarifies the charity exclusion within the regulations.

The exclusion does not apply to:

• Charities acting as compliance schemes
• Reprocessors or exporters
• Commercial or trading subsidiaries linked to charities

This aligns with the 2025 statutory instrument amendment and ensures that organisations undertaking regulated activities remain within scope.

Reporting packaging materials

Where packaging consists of multiple materials, each component must normally be reported separately under the relevant material category.

However, an exception applies for non-glass drinks containers, where the container must be reported based on the predominant material by weight.

The update also clarifies the definition of fibre-based composite materials (FBCs):

• If plastic layers represent 5% or less of the total material by mass, the packaging should be reported as paper or board rather than FBC.
• The guidance now includes worked examples for food and drink cartons.

Interpretation of manufacturer

A previous statement from version 7 regarding separable packaging components has been removed.

The updated position clarifies that packaging components are considered “manufactured” when:

• The component is finished within the UK, or
• A finished packaging component is imported.

This provides clearer guidance for organisations involved in packaging manufacturing and importing activities.

Unfilled branded packaging

Minor wording changes have been made to the first example in this section.

The update clarifies the brand owner’s responsibility for reporting paper cups when a fast-food business supplies them filled to consumers.

Brands and brand owners

The guidance confirms that, under the pEPR regulations, a business name appearing on packaging qualifies as a brand.

This includes:

• Trading names
• Abbreviated or shortened business names

However, if a name is shortened so significantly that consumers cannot identify the associated business, it is unlikely to qualify as branding.

Multi-branded packaging

Version 8 confirms the following rule in line with the statutory amendment:

If brand owners do not supply the packaging, the brand occupying the largest external surface area of the packaging is considered the producer.

This clarification helps determine reporting responsibility where multiple brands appear on packaging.

Importer clarification

A new example explains how packaging imported via bonded warehouses should be reported.

The guidance confirms that imports to a bonded warehouse should be reported by the importer when it is first supplied or discarded in the UK, unless the packaging’s brand owner is a large UK-based producer, and was responsible for the import of the filled packaging to the warehouse.

This provides clarity for organisations using bonded storage arrangements in international trade.

Self-managed consumer waste (SMCW)

The section on self-managed consumer waste has been significantly expanded.

Producers must now demonstrate two key tests if they wish to report packaging under SMCW:

1. The packaging must be reusable and not commonly collected through household waste streams.
2. There must be clear evidence of collection and recycling.

The update also introduces:

• A table of reporting scenarios for household (HH) and non-household (NHH) packaging.
• Clarification around closed-loop packaging waste systems.

These additions aim to support consistent reporting decisions across producers.

Minor changes to appendices

Small updates have also been made to:

• Appendix 3
• Appendix 5
• Appendix 7
• Appendix 8
• Appendix 9

These changes provide additional clarification and examples to support interpretation of the guidance.

What these changes mean for producers

The packaging EPR Agreed Positions version 8 updates provide greater clarity around:

• Producer responsibilities
• Reporting timelines
• Multi-material packaging classification
• Brand ownership rules
• Self-managed waste eligibility

For many organisations, these updates highlight the importance of robust data systems and clear reporting processes to ensure ongoing compliance.

If you are unsure how these changes affect your business, our Packaging Compliance Services can help you interpret the regulations and implement the correct reporting approach.

Need support with packaging EPR compliance?

Understanding the packaging EPR Agreed Positions version 8 changes is essential for organisations that place packaging on the UK market.

Our specialists support businesses with:

• Packaging data analysis
• EPR reporting obligations
• Producer responsibility assessments
• Ongoing regulatory compliance

Visit our packaging compliance page to learn more or enquire about our packaging compliance services and ensure your organisation stays compliant with evolving pEPR regulations.