ACP minutes detail UK-wide packaging non-compliance

The issue of non-compliance has been highlighted in recent years, due to the high prices of some packaging recovery notes (PRNs), with some at record highs.

Under the Packaging Waste Regulations, companies with a turnover over £2 million and who place more than 50 tonnes per year of packaging on the market must contribute towards the cost of recycling through purchasing PRNs, either directly or via a compliance scheme.

‘Non-compliance’ can take various forms, with some producers submitting data late, known as drop offs, some making a mistake, though there are fears a minority have opted not to comply due to high PRN prices.

The minutes provided a breakdown of non-compliance from each of the four UK nations’ regulators.

England

In England, the minutes detailed that Lyn McLean and Virginia Woolley of the Environment Agency provided an update. They said all compliance schemes have met obligations but the EA said it was “likely that some direct registrants have not complied this year – but don’t yet know how many.”

The Agency added that the majority of tonnage was for paper and plastic.

The minutes noted that attendees said more emphasis should be placed on chasing up dropoffs and timely registration. “Discussion ensued around volatility of pricing in PRN market. EA requested feedback from members when guidance is misconstrued. An example was given on de minimis,” the document added.

UK

The Welsh Regulator Natural Resources Wales had John Davies provide an update.

In the minutes, he was noted to have said that  For reprocessors and exporters in Wales in 2023 there are 38 accreditations (up from 37 in 2002) and two further applications submitted late last year in the assessment process.

From the Scottish Environmental Protection Agency,  Bernard Gaffney gave an update. He said all compliance schemes complied and of 68 direct registrants, four not comply, he added that he is following up with the four companies now.

In Northern Ireland, all compliance schemes complied in 2022 but 10 of the 111 direct registrants didn’t comply, of which six were “total non-compliance. Separately, one exporter in Northern Ireland was suspended in November 2022, the minutes said.

Enforcement

Many compliance schemes have been calling for harsh enforcement to companies who did not comply fully to act a  deterrent.

For 2021, the Agency recently said it “considering appropriate offence response options” against two producers who failed to meet their 2021 packaging obligations through acquiring PRNs (see letsrecycle.com story).

Excluded

Elsewhere in the minutes, the ACP also told government representatives that they feel “excluded” from the ongoing work and discussion on EPR.

The chair of the ACP, Deep Sagar, requested that ACP membership be added to Defra’s digital working group. The department noted that this is not a Defra-led group but offered to provide relevant contacts.

Other concerns raised by members were around the labelling lead-in time for the DRS not being long enough and the possible scarcity of reverse vending machines. Defra noted the risk and referred to research undertaken and continued monitoring of supply.