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Average packaging waste fine rises 17%

The average fine paid by companies found guilty of not recycling or recovering packaging waste as legally required rose last year in England and Wales by 17%, the Environment Agency has revealed.

Between 2001/02 and 2002/03 the average fine paid under the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 increased from 5,905 to 6,915, the Agency said.

The higher fines coincided with an increase in successful prosecutions brought by the Agency for packaging offences from 52 to 53 over the same period.

Growth

The Regulation requires businesses with a turnover of 2 million or more which either produce or handle more than 50 tonnes of packaging to register with the Agency. They are then monitored to make sure they meet their recycling and recovery targets, which are linked to a national target of recycling or recovering 50% packaging waste.

In 2002/03 the Agency was awarded total fines of 366,505 plus 43,769 costs.

The new figures continue the growth in fines and prosecutions that was revealed last year when the number of prosecutions leaped from 35 in 2000/01 to 52 in 2001/02 and the average fine increased by 68% from 2,205 to 5905.

Efforts

The Agency put the increase down to a combination of increased and better resourced enforcement work by its own officers and a change in judges' attitudes.

Agency chief prosecutor David Stott said: “There has been a consistent rise over the last three years in the number of prosecutions for these offences, due to the increased efforts of our officers in enforcing the packaging regulations.

“The average fine for these offences is now three times higher than it was two years ago. This is because we have been encouraging judges and magistrates to consider how much firms are saving by avoiding environmental responsibilities.”

Household names

The largest fine in 2002/03 was given to SP Pratt & Co, one of the UK's largest importers and retailers of bananas. The company was fined 53,000 plus 1,919.57 in November 2002 for failing to register with the Agency and failing to recover and recycle 4,000 tonnes of packaging waste during 1999 and 2000.

Other companies prosecuted included several household names. T-Mobile was fined 6,200 plus costs of 1,610 and Tigi International, the sister company to hairdressers Toni and Guy was fined 6,000 plus 1,291 costs, both for “failing to comply with the regulations for a number of years.”

Mr Stott said: “When the regulations came in back in 1997, companies often claimed they were unaware of the new legislation regarding waste. This excuse is no longer acceptable to our officers or to the courts.”

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