SEPA confirms two schemes failed 2004 packaging compliance

”We have considered the mitigating circumstances presented by the schemes and have issued warning letters“
– SEPA
The Scottish Environment Protection Agency said in a statement issued to letsrecycle.com that “four compliance schemes (Compliance Link, Recycle Pak, Valpak and Wastepack) are registered for 2005 under the Producer Responsibility Obligations (Packaging Waste) Regulations 1997”.

It said all four of these compliance schemes had met criteria to be registered for 2005.

However, it said that for 2004, two of the schemes – Compliance Link and Recycle Pak – had “failed to comply with the requirement under Regulation 3(5B), that is to take reasonable steps to meet the recovery and recycling obligations of their members”.

The SEPA statement added: “We have considered the mitigating circumstances presented by the schemes and have issued warning letters.”

The mitigating circumstances in question appear to have been the inclusion of several thousand tonnes worth of PRNs issued by suspended reprocessor Peniston Plastics in the case of Compliance Link (see letsrecycle.com story). These PRNs are alleged to have been wrongly issued by the reprocessor after it had not been accredited to do.

“SEPA cannot take this failure into account when assessing a registration application for 2005, but the Regulations require that both schemes make further application for approval to Scottish Ministers within 28 days,” the Agency said.

Failed


Six schemes in the UK – Onyxpack, Cleanapack, Paper Collect and Betapack being the four English-registered schemes – failed to meet their compliance in 2004. Some schemes within the industry may also have been caught up in the Peniston Plastics problem.

But SEPA has dismissed this as a viable excuse for Scottish-registered schemes that failed to comply in 2004 – this really only affects Compliance Link, since the main reason Recycle-Pak failed to comply was that it did not secure sufficient aluminium PRNs to meet its members’ obligations.

The SEPA spokesman said: “SEPA has always been clear that Peniston Plastics' PRNs are invalid but, in accordance with the Regulations, the overall question of whether “reasonable steps” have been taken must be considered at the end of the year.

“Schemes holding such PRNs have been advised of this situation at an early stage. It would be inappropriate to comment on the detail of any individual case but SEPA is confident that its findings that reasonable steps have not been taken in these cases are fully justified,” the Agency added.

Questions now remain as to what, if any, further action will be taken over the non-compliance of the two schemes in Scotland. In England, the Environment Agency is yet to announce its verdict concerning Betapack, Cleanapack, Onyxpak and Paper Collect.