Draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023

Nigel Mills Excerpts

Tuesday 23rd May 2023 General Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

I beg to move,

That the Committee has considered the draft Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023.

It is a pleasure, as ever, to see you in the Chair, Sir Gary. The regulations were laid in draft before the House on 20 April. They amend the Packaging Waste (Data Reporting) (England) Regulations 2023. Since those regulations came into force, further engagement with stakeholders has brought to our attention two key issues that the regulations before us today seek to resolve. We have also taken the opportunity to pursue additional amendments that improve the clarity of provisions.

The regulations introduce two key changes, but I assure the Committee from the outset that the changes being introduced are not a change of policy. Instead, they seek to rectify ambiguities and correct omissions. The data reporting requirements require producers of packaging to collect and report data on the amount and type of packaging that they place on the market, and that will be used to calculate the fees that producers will pay to cover the costs of managing the packaging as part of the extended producer responsibility scheme from 2024.

The regulations add to the obligations of importers. Erroneously omitted from the original statutory instruments, importers will need to report packaging that they import and then subsequently dispose of without supplying onwards. It was always our intention to include such packaging, and it is packaging that importers already collect and report under the original and ongoing packaging producer responsibility scheme. The amendment is crucial to ensuring a properly functioning extended producer responsibility scheme, and we estimate that the amount of packaging it relates to is approximately 1 million tonnes, or about 8% of the packaging placed on the market every year in the United Kingdom. If that packaging went unreported, it would seriously hamper the proper functioning of the packaging recovery note system and would also lead to a distortion of the producer fees that will be payable under the EPR.

The SI makes changes that reduce uncertainty around the definition of brand owner. The amendments address two main scenarios. The first is where there is more than one brand printed on the packaging. For example, a limited edition chocolate Easter egg—I know Easter is over—might have a separate brand’s toy inside. The amendments make it clear that it is the brand who first sells the packaged product who is responsible. In that instance, it would be the brand owner of the Easter egg, not the brand owner of the toy.

The second scenario is when multiple items from different brands are grouped together in a single sales unit. An example would be the Sunday Times wine box. The amendments make it clear that the brand who brings the other products together into one product should be responsible for any packaging it adds. So The Sunday Times would be obligated for the cardboard box, and the wine producers would be obligated for the wine bottles inside the box. I am not sure how many Members shop at Harrods, but a second example would be a Harrods hamper. Harrods would be responsible for the basket and straw, while the producers of the champagne and caviar that you had purchased, Sir Gary, would be responsible for the glass bottle and the container.

The regulations also make a number of other changes, which I will discuss briefly. The amendments will provide further clarification on the data reporting requirements for reusable and refillable packaging, and will simplify the reporting process. At the moment, producers would need to report whether their reusable product was refilled at home or in store; a range of models are used for this sort of scheme, as hon. Members may or may not know from partaking in some of them.

Let me give the Committee an example for clarification. When my Ecover washing up bottle is empty, I take it to a store in my nearby town of Wellington, where I refill it from the store’s big canister. The amendments remove the need to describe the type of reusable system being used—that is, that I went to a store to do it—and that will reduce burdens on producers. However, the key data will continue to be reported to inform policy development ahead of introducing new measures to increase the uptake of reuse and refill systems in 2025, which is obviously to be encouraged and will very much be encouraged at a later date.

The key data is the amount of reusable packaging a producer has supplied and whether it is termed “primary packaging”. Primary packaging is the packaging that surrounds a product and forms a sales unit to the customer—for example, a reusable Ecover bottle. Secondary and tertiary packaging is packaging that businesses interact with and that is typically removed before the product is sold to a consumer—for example, cardboard boxes used for display purposes or pallets used in distribution. The changes will also allow producers that have instituted reuse systems of their own to offset the packaging at the end of life, giving them a discount on their EPR disposal fees when they have collected and sent the packaging for recycling once it has become waste. The amendments also include minor corrections to the drafting and fix some incorrect cross-references.

[Nigel Mills (Amber Valley) (Con)]

May I take the Minister back to her Sunday Times wine club example—other wine clubs presumably are available—when she said that the cardboard would be the responsibility of the Sunday Times wine club and the glass bottle would be that of the wine producer? Would I be right that if the wine were imported, as I think is the case for nearly every Sunday Times wine club bottle that my wife has ever had, the Sunday Times wine club would be responsible for the glass as well and not only the box?

[Rebecca Pow]

I will need to think about that for a minute. My hon. Friend is talking about imported products. The glass bottle will come under a different system of recycling anyway; it could go into our other kerbside schemes that are currently being developed—potentially deposit return. [Interruption.] I waited for a bit of inspiration, and apparently the answer is yes, if the wine club imported it.

I am sure there will be some other examples, because in getting the data gathering system up and running, lots of tiny nuances have arisen. That is why producers have come to us to point out the anomalies, which we have to fix; and that is what we are doing today. These amending regulations will apply to England only, but similar regulations are being progressed and amended where needed in Wales, Scotland and Northern Ireland. My officials have worked closely with the relevant departments in the devolved Administrations in the development of this legislation.

In conclusion, the measures in the draft regulations are crucial for enabling the effective implementation of the extended producer responsibility for packaging and realising its associated environmental benefits. I commend them to the House.