The advice comes after the Agency decided not to appeal against a High Court decision in March on the subject of producer responsibility for drinks packaging. The judicial review of the Producer Responsibility (Packaging Waste) Regulations 1997 ruled that licensed premises, rather than brewers, should bear the burden of recycling packaging used in licensed venues (see letsrecycle.com story).
Under the packaging waste regulations, the retailer of a product carries the largest share of the obligation for recycling that product – 48%. Previously, brewers had held this obligation because they had been classified as the 'sellers' of bottled beverages that were consumed in venues such as pubs.
Definition
The High Court verdict rested on the definition of the 'seller' of bottles – and the Court decided that this was the owner of the venue where beverages were sold for consumption on the premises, rather than the brewers of drinks.
All businesses handling over 50 tonnes of packaging per year that also have an annual turnover of 2 million or more are now obliged to recycle 48% of all drink bottles – and must register by 31 December 2002. The brewers that previously carried this obligation must now account solely for the 37% of recycling that must be done by the packers and fillers of bottles supplied to pubs and other 'sellers'.
The Environment Agency's Chris Grove said: “Where a business now has that obligation, they must register and comply with the regulations that we now have in respect of packaging handled in 2001.” He pointed out that ordinarily, businesses that are newly obligated would have 28 days to register, but said: “We are going to relax that period.”
Registration
Affected businesses should register with the Environment Agency, the Scottish or Northern Irish regulators, or with an approved packaging producer responsibility compliance scheme. Companies that are already registered should check that their obligations have not changed.
Obligated businesses must also provide evidence of their recycling for 2001 by January 31 2003. Those who do not register in time or fulfil their 2002 obligations will be subject to enforcement action under the Agency's enforcement and prosecution policy.
The Agency, which had argued in favour of brewers being classed as 'sellers' during the judicial review, warned that the ruling could have wide implications, and might extend to hotels providing toiletry products and cafes selling foods in catering portion packs.
Questions about compliance, registration and resubmission of data can be directed towards the Environment Agency, tel:0845 933 3111.
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