Caught out and in court...

The packaging minefield

Businesses have been obliged to recover and recycle packaging and packaging materials under the Producer Responsibility Obligations Regulations since 1997. The regulations apply to businesses which produce packaging and which input into the “packaging chain”.

The regulations are not straightforward and many companies have found themselves unwittingly caught out and in court facing a string of charges for non-compliance. Western Wines has the unfortunate honour of receiving the highest fine following prosecution for nine packaging offences. It was fined £225,000 in January this year and ordered to pay £2486 compensation and £3230 in costs to the Environment Agency which enforces the regulations.

7 April 2008 was the cut off point for some obligations. As with previous years, the Environment Agency will start to carry out checks to see whether companies are compliant and prosecute those who are not. The EA operates almost “zero tolerance” to non-compliance. Companies who have innocently breached the regulations may find themselves on the wrong end of court proceedings.

To whom do the regulations apply?
Generally businesses which:

• Handle more than 50 tonnes of packaging or packaging materials per year and
• Have a turnover of over £2 million per year may come within the regulations if they fall into the following categories:
• Manufacturers (i.e. those who manufacture raw materials for packaging such as a business which makes sheets of card).
• Converters (i.e. those who use or modify packaging materials in the production or formation of packaging such as a business which converts sheets of card into cardboard cartons).
• Packers / fillers (i.e. those who place goods or products into packaging or use packing to wrap goods such as a business which puts a product into a carton).
• Sellers (i.e. those who sell the packaged goods to the user or consumer who will then discard the packaging).
• Service providers (such as businesses that lease or hire out packaging).
• Importers (who import packaging, packaging materials or packaged goods into the U.K such as a business which imports cardboard sheets.

The regulations can also apply to a group of companies based on aggregate turnover and packaging handled.

What are the requirements?

• To register with the Environment Agency before 7 April.
• To recover and recycle specified amounts of packaging waste per year.
• To certify compliance by filing a certificate confirming that recovery and recycling obligations have been met.

There are other obligations which may also apply to a business.

Many businesses choose to fulfil their obligations by joining an approved compliance scheme. There are currently 21 such schemes which will discharge the relevant obligations.

How much do I have to recycle?
This depends on:

• The amount of packaging handled
• National recovery and recycling targets
• The activity undertaken e.g. as a seller of packaged goods.