FAQs

1. Is the FPA opposed to Extended Producer Responsibility (EPR)?

No. The FPA supports the principle of EPR and the environmental objectives it seeks to achieve. Our members accept their legal obligations and have complied with registration and reporting requirements. Our focus is on ensuring the system operates fairly, transparently and robustly.

2. What prompted the FPA to write to Defra, PackUK and the Environment Agency?

Recent confirmation that a funding shortfall was identified in Year 1 of pEPR, and that government has recently intervened to close this gap, highlighted the importance of participation completeness and revenue resilience. Our research suggests that structural market trends warrant closer examination to ensure the full obligated producer population is being captured.

3. What do you mean by “structural discrimination against compliant businesses”?

Where regulatory obligations are not applied evenly in practice, compliant businesses may bear a disproportionate share of cost. This can create a competitive disadvantage for those who report and pay correctly. We use the term ‘structural discrimination’ to describe this outcome, not to suggest intent.

4. Has the Year 1 funding shortfall been resolved?

PackUK has confirmed that government will close the Year 1 funding gap on a one-off basis and that disposal fees will remain as set out in producers’ Notices of Liability. While this provides short-term certainty, it does not remove the need to ensure full participation in future years.

5. Are members being advised not to pay their EPR fees?

No. The FPA continues to urge members to meet their legal obligations. We believe that confidence in the system depends on fair and consistent application of the rules across all obligated producers.

6. What research is this based on?

The FPA’s position is informed by analysis of Companies House incorporation data aligned with public producer registration information. Our methodology applies conservative inclusion criteria and focuses on system-level trends rather than individual compliance.

7. What is the FPA asking policymakers and regulators to do?

We are seeking greater transparency around modelling assumptions, stress-testing of participation completeness, and clarity on how enforcement architecture adapts to evolving market structures. Our aim is to strengthen the scheme, not undermine it.

8. What happens next?

We have formally written to Defra, PackUK and the Environment Agency and remain committed to constructive engagement. We will continue to work with policymakers and regulators to ensure the scheme delivers environmental outcomes alongside fairness and financial stability.