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Agency offers clarification on packaging error

Agency offers clarification on packaging error

The Environment Agency has published guidance to enable producers of glass packaging to correctly comply with their recycling obligations, following an error in the amended regulations which came into force in December.

The regulations will be amended to include the correct formula to calculate glass remelt obligations
The regulations will be amended to include the correct formula to calculate glass remelt obligations

Under the regulations (see letsrecycle.com story), obligated businesses must ensure that 81% of all glass packaging placed on the market is recycled until 2017. And, at least 63% of this obligation must be met by sending glass to remelt applications as opposed to aggregates. This is how performance is calculated on the Environment Agencys National Packaging Waste Database (NPWD).

However, the amended regulations incorrectly state that 63% of all glass packaging must be sent to remelt applications which would require a greater proportion of material to be sent to remelt.

The error first came to light in a letter to producers by Simon Dawes, head of the recycling team at Defra, sent in March (see letsrecycle.com story). Mr Dawes told producers that the Department would amend the producer responsibility regulations to address the issue.

The correct formula for the calculation of the glass remelt obligation is: L x B x Y x W = G

Where:

  • Y is the recycling target for glass as prescribed in paragraph 6 of Schedule 2;
  • L is the tonnage of glass handled in the previous year;
  • B is the percentage obligation for that class of producer as specified in paragraph 3(4) of Schedule 2;
  • W is the re-melt target for glass in that year (63% for 2013) as specified in paragraph 3(6A) of Schedule 2.

However, it is expected that it could take as long as six months for the amended regulations to be laid.

Statement

In a regulatory position statement, published on the NPWD last week, the Environment Agency has provided producers and compliance schemes with the correct formula to calculate their recycling obligations, which must be followed until new legislation can be laid.

And, the Agency claims that the error should not impact on producers ability to meet their recycling obligations.

In the statement, the Agency said: The statements of obligations issued via the National Packaging Waste Database (NPWD) for 2013 obligations will base the calculation for the re-melt obligation on the correct formula given above, in line with the articulated policy and in anticipation of the correction that will be made to the Regulations as soon as possible this year.

We will expect compliance schemes or producers to achieve the re-melt obligation as calculated by NPWD and we will seek to enforce compliance with the re-melt obligation as calculated by NPWD.

The amendment to the 2007 Regulations to correct the error should not impact on schemes or producers ability to meet their glass obligations for 2013, provided that they are working towards the 63% recycling by re-melt target for glass which was consulted on and which will be used to calculate obligations within the NPWD system.

Meanwhile, the Agency adds that if producers fail to meet a glass recycling obligation by re-melt of 63% it will be forced to take enforcement action.

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