SEPA Gets Tough on Packaging Waste Regulations
Issued on 11 November 1998 - Ref 40/98

SEPA is stepping up enforcement of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 and acting on its policies in connection with accredited reprocessors.

Under the Producer Responsibility Obligations (Packaging Waste) Regulations 1997, businesses with a turnover in excess of £5 million and handling over 50 tonnes of packaging, must recycle and recover over half of their packaging waste by the year 2001. (See NOTES)

SEPA now has a strong framework in place for identifying freeloaders, i.e. companies who are obligated but not registered. Identifying freeloaders has always been a priority but until recently it has been difficult to access all the information required to establish the potential obligation of a company or its subsidiaries. SEPA has compiled a list of all U K companies who have a turnover above the £5 million threshold and who are not registered. It is identifying and contacting those on the list handling a minimum of 50 tonnes of packaging and obligated under the Regulations.

Prosecution of freeloaders can bring unlimited fines. If an offence by a company is committed with consent or connivance of, or due to neglect by certain company officials, they are also open to prosecution personally.

Karen Riddick, who heads SEPA’s Producer Responsibility Unit commented:

"The new legislation has been in place for over a year and we are now taking a hard line on companies who have ignored their obligation to register. SEPA will of course continue to assist companies trying to meet their recycling targets, but time is up on freeloaders.

Neither will we hesitate to withdraw accreditation if we discover that any of the conditions are not being met by registered reprocessors of packaging waste. We have in fact recently withdrawn accreditation from a reprocessor of glass packaging waste because we were not satisfied with the company’s audit trail."

ENDS

NOTES

1. The Regulations affect companies who handle packaging; companies producing the raw materials; companies manufacturing the packaging; packer fillers and retailers.

2. The regulations are initially restricted to companies with a turnover over £5 million and who handle more than 50 tonnes of packaging a year. In the first three years some 300-400 companies in Scotland will be affected.

3. The regulations are based on self-assessment. Companies fulfilling the necessary criteria are required to calculate the amount of packaging they handle for each of the packaging materials. A series of formula then allow the company to calculate the obligations they have to recycle and recover specific volumes of material.

4. Once a company has done this it can join a collective compliance scheme which takes on the legal obligation for the company and for a fee organises the necessary recovery of materials. There will be a number of national compliance schemes. Alternately, companies can choose to organise their own recovery in negotiation with waste companies or local authorities.

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© SEPA 1998