The UK government has published fresh guidance on how to appeal decisions made by PackUK, the scheme administrator for the country’s Extended Producer Responsibility (pEPR) for packaging.
This appeals framework offers clarity for producers and local authorities who disagree with PackUK rulings on fees, penalties or cost recoveries.
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The timing coincides with the scheme’s activation, as PackUK issued its first invoices to obligated producers.
What decisions can be appealed
Under the pEPR appeals rules, producers (or their holding companies) can challenge several types of PackUK decisions. These include: liability notices for disposal or administration fees, revised fee assessments, and enforcement actions such as variable monetary penalties.
Producers may contest these on the basis that the liability is incorrect, that facts have been misjudged, or that legal errors have occurred.
Local authorities, meanwhile, may appeal PackUK’s determinations related to the assessment or redistribution of disposal costs. Grounds for appeal include alleged miscalculations, procedural errors, or disagreement with how payments are apportioned.
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By GlobalDataRights, timing and where to appeal
Before lodging a formal appeal, producers (or local authorities) must first exhaust PackUK’s internal complaints procedure — except when the appeal concerns a final notice under regulation 104.
Once the internal process is concluded and a decision issued, the following deadlines apply:
- Appeals under regulation 104 must be submitted within two months of the notice date.
- For decisions under regulation 105, appeals should also be made within two months after PackUK’s complaints process is fully resolved.
The appeal must be lodged with a competent body depending on the appellant’s location in the UK:
- England & Wales: General Regulatory Chamber, First Tier Tribunal
- Scotland: either the Scottish Ministers (for some cases) or the sheriff court
- Northern Ireland: the Planning Appeals Commission
What happens after an appeal is submitted
Once the appeal is filed, the relevant adjudicating body (tribunal, commission or authority) will process it according to applicable rules — for example, First Tier Tribunal procedure rules in England and Wales, or equivalent regulations in Scotland and Northern Ireland.
The outcome may confirm, overturn or modify PackUK’s original decision.
The policy is underpinned by the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, which provide the legal basis for PackUK’s fees, penalties and appeals.
Context: what is pEPR and why it matters
PackUK was formally established in early 2025 to deliver the UK’s Extended Producer Responsibility for packaging scheme.
The principle behind pEPR is that producers, rather than taxpayers, should fund the cost of managing household packaging waste.
Revenue from pEPR fees is expected to fund more than £1bn annually for local recycling services, supporting the UK’s drive towards a more circular economy.
In June 2025, PackUK published its first “base fees” for 2025–26, providing certainty to producers about their financial obligations.
Moreover, PackUK has introduced a fee modulation policy, to incentivise more sustainable packaging: from 2026, fees will vary according to how recyclable the packaging is, based on the Recyclability Assessment Methodology (RAM).
These appeal provisions are a critical component of the pEPR framework.
They ensure that producers and local authorities can challenge PackUK’s decisions, while providing a structured, regulated path for dispute resolution under the new packaging extended producer responsibility regime.
