Almost a decade after producer responsibility for packaging was brought in to UK law, “free riders” – firms that avoid their recycling requirements under the legislation – are still coming out of the woodwork.
” This legislation was introduced to ensure that companies which send out packaging offset this by helping to meet recycling targets. “
– Steven Cave, Environment Agency
A wine and spirit merchant in Essex was landed with fines and costs amounting to nearly 55,000 last week for failing to pay for packaging waste recovery from 1997 to 2004.
Oxfordshire hamper company Clearwater Hampers was fined 4,000 this week for failing to meet the producer responsibility regulations in 2004.
And, Dorset food company DB Foods Ltd was ordered to pay 3,000 for not registering as a producer with the Environment Agency in order to carry out its producer responsibility.
Regulations
The packaging producer responsibility regulations were introduced in 1997 as a mechanism to meet Europe's Packaging Directive, and mean that any company with a turnover above 2 million that handle at least 50 tonnes of packaging each year are obligated to pay for the recycling of packaging waste.
They do this by buying PRNs – packaging waste recovery notes – from accredited recyclers, relating to how much packaging they place on the market each year. They can also join compliance schemes, who take care of the obligations on their behalf.
Steven Cave, an environmental crime officer at the Environment Agency, explained: “The scheme works, in effect, like a carbon off-setting scheme – businesses 'b;uy back' an amount of packaging waste recycling to counter the packaging they have sent out on their products. This money goes back into the recycling industry to ensure that less waste goes to landfill.
“This legislation was introduced to ensure that companies which send out packaging offset this by helping to meet recycling targets elsewhere, and businesses must make sure that they comply with the law,” Mr Cave added.
Coe of Illford
Family-owned drinks retailer Coe of Illford Ltd only became aware that it was in breach of the regulations after a newly appointed commercial director realised the company had not been fulfilling its waste obligations.
The company failed to register with the Environment Agency as a packaging producer obligated under the regulations, and did not purchase the required recycling evidence in the form of PRNs.
Redbridge magistrates fined the company 48,000 after the company pleaded guilty to 12 charges under the Producer Responsibility Obligations (packaging waste) Regulations 1997.
Coe of Illford, which handles mainly glass, cardboard and paper packaging, was also ordered to pay 1,887.22 in costs and 5,000 compensation was awarded to the Environment Agency.
In its defence, the company informed the Environment Agency as soon as it became aware of the transgression, and co-operated fully with investigating officers, the court heard.
Impact
Sarah Dover, investigating officer for the Environment Agency, said after the case: “Business throughout the packaging life-cycle, from producers of the raw materials used to make packaging, to sellers of goods, all have a legal obligation to minimise its environmental impact.”
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In the other recent cases, Clearwater Hampers was found by the Agency to meet the turnover threshold for obligation under the regulations in 2003 and 2004, but failed to register. The firm later joined the compliance scheme Kite Environmental Solutions to handle its producer responsibilities, but was prosecuted for the period in which it was not compliant.
Wimborne magistrates, meanwhile, fined DB Foods Ltd 1,500 and ordered the company to pay 1,490 in costs after pleading guilty to six offences of failing to register as a producer in 2005.
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