John Cutts, of Yorkshire-based recovered paper business Cutts Recycling told letsrecycle.com that he very much doubted whether the Environment Agency would be able to take any action against a company that failed to secure enough PRNs. Mr Cutts, who is an executive member of the British Recovered Paper Association, said: “If the business turns round at the end of the year and says it couldn’t find any to buy, then there’s no way that any magistrate would convict.”
The issue of whether or not any action will be taken is especially important in the case of companies who have decided to go-it-alone and not to join compliance schemes. There is expected to be a rush for PRNs from them at the end of the year. But, with potentially limited quantities available in the home market the PRNs are expected to be in tight supply with several experts predicting a shortfall.
Government
Environment Agency sources said that the issue of whether or not companies would be prosecuted for failing to obtain PRNs is a matter for the government. But they warned that the situation was not being helped by some businesses buying extra PRNs as they were uncertain whether their packaging waste data was correct.
The Department for the Environment, Food and Rural Affairs is thought to consider that it would be a big mistake for businesses to think that they could walk away from the legislation claiming that PRNs can’t be found. Businesses and schemes are supposed to have already produced compliance plans and should have made arrangements to obtain PRNs over 2001.
And, the Department is also keen to remind companies and schemes that export PRNs are also available and will be important in helping the UK meet targets.
The Environment Agency is expected by the Department to keep up the pressure on businesses to ensure that they do conform with the regulations.
However, it remains to be seen whether at the end of the year there are businesses who cannot find PRNs. While they may face prosecution, it is the government itself which may find itself in the European Courts if the UK fails to meet targets.
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