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Failure to recover and recycle packaging

Ten-year failure

A Nottinghamshire paint and adhesives company failed to meet its obligations to recover and recycle its packaging under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (PROR) . It was forced to pay £37,450 in an enforcement undertaking imposed by the Environment Agency (EA).

Following an EA investigation, it was found that Sanglier Ltd, based in Kirkby-in-Ashfield, had failed to register as a producer of packaging between 2005 and 2015. It only registered, with a compliance scheme, for the first time in September 2016 after it realised what was required under the PROR . The company has now reassured the EA that measures have been put in place to make sure non-compliance doesn’t happen again.

Note. The money from the fine has been given to the Campaign to Protect Rural England, as under EU rules the offending company must remedy the harm caused by the incident.

Lessons to learn

Sanglier got into trouble because it failed to understand the need to register as a waste producer, which is at the heart of the PROR .

Note. If you produce or use packaging, or sell packaged goods, you’re likely to be classed as an obligated packaging producer. Every year you have to register as a packaging producer by 7 April. You are an obligated packaging producer if you handle 50 tonnes of packaging materials or packaging in a calendar year, and have a turnover of more than £2 million per year.

Definition

There’s a little bit of wriggle room in terms of the definition of “packaging” but, essentially, it’s any material used to “hold, protect, handle, deliver and present goods” . This includes packaging for raw materials, not just goods that are put on a shelf to be sold.

When you’re trying to work out if you handle 50 tonnes of packaging or more, don’t include packaging you export or give to someone else to export. Plus, you’re not handling packaging or packaging materials you use internally in your business.

If you handle that amount but your turnover is between £2 million and £5 million per year, you’re classed as a small producer. The same registration rules apply, albeit at a lower cost.

Compliance

Tip 1. If you’re unsure whether you must comply with the PROR , the best option is to seek advice from a packaging waste compliance scheme operator (see The next step ).

Tip 2. The safest route to compliance is to join a scheme. It will make sure you’re registered with the right regulator and will obtain the evidence you need. Producer registration is £776, while small producers pay £562. There is also a fee to join a compliance scheme of £564, or £345 for small producers.

For a link to a packaging waste compliance scheme operator register, visit http://tipsandadvice-environment.co.uk/download (EN 13.02.07).