The Regulations
The UK’s Producer Responsibility Obligations (Packaging Waste) Regulations 1997 were borne out the European Union Packaging Waste Directive (94/62/EC) which sought to address the environmental impact associated with packaging waste generated across the EU. The Directive was drafted to:
- reduce over-packaging
- eliminate certain dangerous materials from packaging
- provide consumers with information
- reduce the proportion of packaging waste going to landfill
- increase recovery and recycling of packaging waste
- put the burden of recovery and recycling on the producer
The regulations obligate companies to recover and recycle packaging waste to meet the UK’s national targets. In 1996 only 30% of packaging waste was recycled in the UK. Since the UK packaging waste regulations became law, this proportion has doubled (based on 2007 figures), reducing landfill and ensuring valuable resources are retained in the economic cycle, reducing the reliance on virgin / primary material content in the production of goods.
The Thresholds
Businesses must pass two threshold tests to be considered obligated producers under the regulations. They must have
- a turnover of £2 million or above (in the last financial year in respect of which accounts are available)
- and handled 50 tonnes or more of packaging in a calendar year.
Companies that are subsidiaries within a group should be aware that the turnover threshold applies to the cumulative group turnover.
Producers are defined in the regulations and include Manufacturers, Converters, Importers, Pack-fillers and Sellers, who supply to another part of the chain or to the end user. In order to be an obligated producer, the company must also own the packaging which they supply.
Obligated producers have a choice either to register with the Environment Agency or to join a compliance scheme on an annual basis. Producers' recovery and recycling obligations are based on packaging handled in the previous year. Producers must be registered with the EA, either directly or via a scheme, by 7th April in a given registration year. It is possible to register after this date, but late registration penalties will be levied by the EA and are also likely to be levied by the scheme.
Click below to download copies of the relevant legislation and further guidance:
Links
The following links to the EU Commission and UK Agency websites provide additional guidance on the source of the legilsation, related Directives and Decisions and the implementation of the regulations in the UK.
