Received an EPR Non-Compliance Letter from the Environment Agency? Here's exactly what to do.
A failure-to-comply letter has a 14-day response window — but this is a fixable situation. Our 5-step guide walks you through what the letter means, how to respond, and how to use this moment to review your packaging itself so you're not back here next reporting cycle.
Reading time: ~10 minutes · Last reviewed May 2026
⏱ The 14-day clock starts from the date on your letter.
Don't ignore it, but don't panic either. Even if you can't submit your full data within 14 days, a written response acknowledging the letter and explaining your next steps will keep you out of the inspection escalation path.
What the letter actually means
The Environment Agency is the regulator responsible for enforcing UK packaging Extended Producer Responsibility (EPR), and they are now actively contacting businesses they believe should have reported H2 2025 packaging data (the July to December 2025 reporting period) but haven't yet done so. For large producers, that deadline was 1 April 2026.
The letter cites a breach of Regulation 35 of the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 — the statutory framework that gives Defra and the environmental regulators the power to require packaging data and enforce non-compliance. Receiving the letter is a standard enforcement step, not a fine. It's the EA's way of giving you a clear opportunity to put things right before escalation.
The action they're asking for is simple to state, even if it isn't always simple to do: submit the required H2 2025 data, or reply within 14 days explaining your situation. If you do neither, the letter explicitly states that the matter will be escalated to their inspection teams for further investigation.
Step 01
Confirm whether you're actually an obligated producer
It's worth doing this first — not because the EA gets it wrong often, but because the letter is sent based on their records, and your business may have changed (turnover dropped, packaging tonnage reduced, group structure altered) since you last appeared in the data they hold.
The current obligation thresholds:
Large producer: Annual turnover of £2 million or more and handles more than 50 tonnes of packaging per year. Must report twice a year (H1 by 1 October, H2 by 1 April) and is liable for EPR disposal fees.
Small producer: Turnover £1–2m and more than 25 tonnes of packaging, or turnover above £1m and 25–50 tonnes. Reports annually. Not currently liable for the headline EPR fees.
Both thresholds apply at corporate group level, not individual subsidiary level — a common reason businesses are caught when they didn't expect to be.
If you genuinely don't meet the criteria: the letter gives you a specific path. Email [email protected] within 14 days, set out clearly why you don't meet the criteria, and reference the unique identifier printed at the top of your letter.
For the full breakdown of who's caught by EPR, our complete UK EPR for packaging guide walks through the obligation criteria, producer classifications and reporting calendar in detail.
Step 02
If you're using a compliance scheme, contact them today
A lot of producers — particularly those who outsourced their packaging responsibilities under the previous PRN system — assume that joining a compliance scheme transfers the legal obligation away from them entirely. The EA's letter addresses this head-on, and the wording matters:
What to do today:
- Email your compliance scheme account manager and confirm when your H2 2025 data will be submitted to the Environment Agency.
- Ask whether they still need anything from you to complete the submission — missing data on your side is usually the reason a scheme can't file.
- Get the answer in writing. You'll need to reference this in your reply to the EA.
If you don't currently use a compliance scheme and you're reporting directly, move to Step 3.
Step 03
If you report directly, gather your data and submit it
Direct reporting is done through the GOV.UK Report Packaging Data service. For the H2 2025 period, you need to submit data covering all packaging your business handled between 1 July and 31 December 2025.
What the submission requires:
- Material type — paper/board, plastic, glass, steel, aluminium, wood, fibre-based composite, or other.
- Weight in tonnes, broken down by material.
- Household vs non-household classification — this drives your disposal fee liability.
- Nation data if applicable — where in the UK the packaging was supplied and discarded. This applies if you supply filled or empty packaging directly to end users.
- Packaging activity — your role in the supply chain (producer, packer/filler, importer, distributor, online marketplace, seller).
Don't have complete records? A reasonable estimate based on procurement data, supplier invoices and despatch volumes — clearly flagged as estimated — is significantly better than no submission at all. Contact the Defra helpdesk on 0300 060 0002 or [email protected] before you submit if you're unsure about methodology.
Official guidance on data collection and submission is available at gov.uk — packaging data: what to collect for EPR.
Step 04
Respond to the Environment Agency in writing within 14 days
Even if you can't fully resolve the data submission in 14 days, a clear written response to [email protected] demonstrating that you're taking the matter seriously is what keeps you off the inspection escalation path. Always reference the unique identifier printed at the top of your letter.
Three template replies — pick the one that fits your situation:
A — Reporting via a compliance scheme
"Thank you for your letter dated [date], reference [unique identifier]. We confirm that our packaging data for H2 2025 will be submitted to the Environment Agency by [compliance scheme name] on our behalf. We have confirmed with our scheme that the submission is scheduled for [date], and that all data required from us has been provided. Please let us know if you require any further information from us in the meantime."
B — Reporting directly
"Thank you for your letter dated [date], reference [unique identifier]. We confirm that we are reporting our H2 2025 packaging data directly via the Report Packaging Data service. We are currently finalising the data and expect to complete our submission by [date — be realistic, ideally within the 14-day window]. We will notify you once submission is complete."
C — You don't believe you meet the criteria
"Thank you for your letter dated [date], reference [unique identifier]. We do not believe our business meets the obligation criteria under the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 for the following reasons: [explain — typically annual turnover below the relevant threshold, packaging tonnage below the relevant threshold, or change in corporate structure]. We would welcome confirmation that this matter can be closed on this basis, or guidance on any further information you require."
Keep a copy of your reply and any acknowledgement — it forms part of your compliance record and is useful evidence if questions arise later.
Step 05
Audit your packaging approach to reduce your EPR exposure
If H2 2025 caught you off guard, the next reporting window is already running. H1 2026 data (January–June 2026) is due by 1 August 2026. But the most valuable lesson from this letter isn't really about reporting cadence — it's about the packaging itself.
Don't just solve the paperwork problem for the packaging you've always bought. This is the moment to review the packaging itself — your range, your specifications, the materials you've defaulted to for years — because the volume, type and recyclability of what you put on the market is what actually drives your EPR exposure year after year.
Three questions worth working through:
1. Are you using more packaging than you need to?
Reducing the total weight of packaging you place on the UK market is the single most direct way to reduce your EPR liability — fees are charged by tonnage. Right-sizing boxes to product, removing unnecessary outer layers, switching from oversized mailers to letterbox-friendly formats, and reviewing void fill specifications can take meaningful volume out of your reporting before anyone touches material composition.
2. What's the recyclability profile of your current range?
EPR disposal fees are modulated by recyclability under the Recyclability Assessment Methodology (RAM). For 2026 the multiplier on red-rated (least recyclable) packaging is around 1.2 times the base fee, rising toward 1.6 in 2027 and 2.0 in 2028 under the current trajectory. Identifying which lines in your range are red-rated — typically composite materials, certain flexible plastics, and packaging with laminate layers — gives you time to swap before the bigger multipliers land.
3. Is your current supplier set up to support this work?
A packaging supplier who can sit down with your team, audit your current range against EPR criteria, identify the lines pushing your fee liability up, and put recyclable alternatives in your hands is operating at a fundamentally different level than one who simply takes orders for whatever you bought last year. If your supplier can't tell you the RAM rating of what they're selling you, that's a problem worth solving before the next reporting cycle.
Worth knowing: a proper data-capture process matters too — one named owner, monthly capture rhythm, documented methodology. But better spreadsheets won't reduce what you owe. Changing what's in your packaging mix will.
What we actually do
What an EPR-aware packaging review looks like
Because most teams don't have time to do this work from scratch, here's what working with a packaging supply partner on this actually involves — concretely, not abstractly.
01 Range audit
We work through your current packaging range with you — every box, mailer, envelope, void fill and tape line — and document material, weight and recyclability profile for each.
02 Red-flag identification
We highlight the lines most exposed to higher modulated fees in 2027–28 — typically composites, certain flexibles, and laminated formats — so you know where the cost is sitting.
03 Right-sizing review
We look at whether you're using more packaging than you need — box-to-product ratios, void fill volumes, format choices — and where weight can come out of the reporting altogether.
04 Alternative specifications
For the lines worth changing, we put recyclable like-for-like alternatives in your hands as samples — board-based, mono-material, FSC where applicable — so you can test before you switch.
05 Reporting-ready data
For everything we supply, you get the data you need at product level: material breakdown, weight, recycled content, household/non-household classification — ready to drop into your next submission.
06 Ongoing range support
As your range evolves and as regulations tighten, we keep the recyclability profile of your packaging under review — so you're not back here in 12 months reacting to another letter.
What happens if you don't respond?
The letter is unambiguous: if you neither report nor provide a sufficient response within 14 days, the matter is escalated to the Environment Agency's inspection teams. From there, the EA's published Enforcement and Sanctions Policy sets out the options available to them, which include site inspections, formal information notices, variable monetary penalties, and prosecution in serious or repeated cases.
In practice, businesses that engage promptly and constructively — even if their data submission is slightly late — are very unlikely to face the more severe end of those options. The escalation path is designed for businesses who ignore the regulator, not those who respond and need a little time to get their data straight.
The full enforcement framework is published at gov.uk — Environment Agency Enforcement and Sanctions Policy.
Frequently asked questions
I think I'm under the threshold — do I still have to respond?
Yes. The letter explicitly asks you to notify the Environment Agency within 14 days if you don't believe you meet the criteria, explaining why. Silence is treated the same as non-compliance, so a short written reply protects you.
What if my compliance scheme has already submitted on my behalf?
The letter notes that if you've recently been in contact with the EA about your data submissions, you can disregard it and continue with the steps you're already taking. If your scheme has submitted but the EA's records haven't yet caught up, a short reply confirming the submission date and scheme name closes the loop.
Can I be fined for missing the H2 2025 deadline?
The failure-to-comply letter itself is not a fine. The Environment Agency's enforcement framework does allow variable monetary penalties for breaches of the regulations, and prosecution is available for serious or persistent cases — but in practice, prompt engagement and a credible plan to submit usually keep matters in the informal enforcement category. This is not legal advice; if you're concerned about your specific position, take regulatory advice.
When is H1 2026 data due?
Large producers must submit H1 2026 data (covering 1 January to 30 June 2026) by 1 August 2026. If you've just resolved an H2 2025 issue, the H1 2026 reporting window is already running — don't lose momentum.
We've never reported before — where do we start?
Start with the Defra helpdesk on 0300 060 0002 or [email protected]. They can walk you through registering with the Report Packaging Data service. Our UK EPR for packaging guide covers the obligation criteria, fee structure and reporting calendar in plain English.
Let's review your packaging — properly
We're a certified B Corp packaging supplier working with over 21,000 UK businesses. For customers navigating EPR, we don't just sell you boxes — we sit down with your team, audit your current packaging range, identify the lines pushing your fee liability up, and put recyclable alternatives in your hands.
If this letter has prompted you to look at the bigger picture, this is exactly the right moment for a review. Better packaging now is what reduces your EPR exposure for every reporting cycle that follows.
Related guides
Pillar guide
UK EPR for Packaging: A Complete Guide
Who's caught, how fees are calculated, and what changes in 2026–28. The full picture for sustainability and operations managers.
Practical guide
How Switching to Recyclable Packaging Can Reduce Your EPR Fees
Worked examples and the business case for material switching ahead of the higher modulation multipliers in 2027–28.
Supplier credentials
Sustainable Packaging for Retailers — Certified B Corp Supplier
Our recyclable range, RAM-rated specifications, Scope 3 reporting support, and the B Corp credentials behind it.
This guide is provided for general information and is not legal advice. EPR regulations, fee schedules and reporting deadlines are subject to change — always verify current requirements at gov.uk. Statutory framework: the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024 (SI 2024/1332). Last reviewed May 2026.
