Sunjuice Ltd, based near Cardiff at Llantrisant Business Park, was taken to court by the Environment Agency Wales on six charges under the Producer Responsibility Obligation (Packaging Waste) Regulations 1997.
The charges related to the company failing to ensure that its obligated amount of packaging waste was recovered or recycled. Firms that have a turnover of at least 2 million or handle over 50 tonnes of packaging a year must register with the relevant regulatory body and provide evidence of the recycling of its obligation amount of packaging. This evidence is usually in the form of packaging waste recovery notes (PRNs).
- For more information about the PRN system, see the letsrecycle.com legislation section.
Speaking after the case last week, an Agency spokesperson said: “These Regulations ensure that businesses involved in the manufacture, supply and use of packaging share the financial costs of the recovery and recycling of packaging waste.”
The spokesperson added: “It is important that any company who thinks that they may be affected by these regulations contact the Environment Agency for advice on making the assessment of their packaging usage. Companies who are found to have not been compliant with the regulations leave themselves open to prosecution.”
Enforcement
The Environment Agency, which is the regulatory body in England and Wales, has been particularly keen on tracking down “free riders” that flout these packaging regulations.
Speaking at a meeting of the Parliamentary Sustainable Waste Group in Westminster yesterday, the Agency's chairman, Sir John Harman, said that there was a “growing confidence” in the enforcement of packaging waste regulations.
Sir John said: “We do not prosecute for the sake of it, and that is why we have a 100% success rate so far in the cases we bring to court. Fines were pretty desultory in the beginning, but it is improving. In the year 2000 there were 30 prosecutions, with fines totalling 64,000. However, every year there have been more and more prosecutions and one fine amounted to 98,000 alone.”
The Agency chairman hinted that there may be some attempt in the future to lower the obligation threshold for companies. However, Sir John advised the government that such a change ought to see the lowering of the 50 tonnes per annum requirement, rather than the 2 million turnover figure, so companies that handle more packaging would be hit rather than other small businesses.
Companies concerned about whether they are affected by the packaging waste regulations are advised to contact the Environment Agency for advice on 0845 9333 111.
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