Producer Responsibility Obligations (Packaging Waste) Regulations 2007
- Manufacture materials for packaging (Producer activity).
- Convert materials into packaging (Converter activity).
- Put goods into packaging (Packer/filler activity).
- Sell products to a customer who removes the packaging (Selling activity).
- Import packaging or packed products from outside the UK (including using second-hand packaging).
- Lease packaging to another company.
- In addition, special rules now apply to Franchisors/Pub operating companies.
- Register with the relevant Government Agency (i.e. Environment Agency) or one of its’ officially accredited Compliance Schemes and pay an annual fee (plus a joining fee for some schemes).
- Calculate the weight of packaging it handles each year, categorised by material relating to the activity performed
- Pay levies to a Compliance Scheme, or purchase PRN’s (Packaging Recovery Notes) to provide to the EA, according to its level of obligation for each material.
- Data must be “as accurate as reasonably possible”.
- Evidence of correct categorisation of packaging by activity and material.
- Clear indication of methodology.
- Sources of data identified.
- Clear audit trail with all relevant paperwork
- Returns and back-up data to be kept for a minimum 4 years.
- Non-registration involves three offences for each year; Non registration, Not submitting data on packaging handled and Not providing evidence of recovery and recycling (PRN’s).
- The fines applied by the Courts reflect the “avoided cost” for prior years together with a penalty cost and court costs. Continuing offences can incur unlimited fines, imprisonment of directors and even closure of the company.
- Civil Sanctions is a possible alternative to prosecution, whereby the Agency may agree to an “Enforcement Undertaking” between the company and the E.A. to pay a charity the money avoided by non-registration, together with a penalty premium, to implement a project with a specified environmental benefit. J Williams & Associates guide and assist companies in their dealing with the E.A., calculate their obligation and “avoided cost” for prior years, identify suitable environmental projects and with the preparation and submission of the submission for an “Enforcement Undertaking”.
We are proud to have two of our industry specific processes accepted by the Environment Agency (EA) as “Acknowledged Methodologies”:
JWA Automotive Aftermarket Packaging Waste Data Methodology (Trade sector- Vehicle parts, equipment, chemicals and accessories)
JWA Wine Wholesalers and Importers process (Trade sector- Wines, Beers, Spirits & Soft Drinks wholesalers and importers)
This status is only granted after rigorous review of both the written process and their application, and recognises that the methodology meets the requirements of the UK packaging waste regulations, providing clients with greater reassurance as well as simplified audits by the EA.
- Environment Agency (EA) – England & Wales
- Northern Ireland Environment Agency (NIEA) – Northern Ireland
- Scottish Environment Protection Agency (SEPA) – Scotland
Links to the websites of these agencies are available from our Links page
Pub Operating Companies
Businesses that Lease Packaging
SMEs with sales < £5m
- Annual turnover (£) in the last financial year in respect of which audited accounts are available before the relevant date, rounded up to the nearest ten thousand pounds.
- The predominant packaging material handled i.e. paper.
The compliance scheme will then determine the amount of packaging waste, in tonnes, that is the SME recycling obligation using the formula (Turnover/1,000,000) X Recycling allocation (30 tonnes for 2014) The SME will be required to pay the annual EA registration fee together with any compliance scheme fees and their charges for obtaining PRNs. It should be noted that SMEs who opt to use the allocation method are required to use this method for a minimum period of three years, provided their turnover doesn’t rise above £5 million, when they would have to register using the method of full data submission.
Consumer Information Obligation
The UK has a target, for 2016, of 78% for recovery of packaging. Within this the targets for recycling are material specific and are shown on the adjacent bar chart.
- Paper 69.5% 69.5%
- Glass total 77% 77%
- Glass – re-melt share of total glass 67% 67%
- Glass – other share of total glass 33% 33%
- Aluminium 52% 52%
- Steel 75% 75%
- Plastic 49% 49%
- Wood 22% 22%
Want to reduce the hassle of compliance? Contact us now for a free initial consultation