Information Legislation Contacts Wastebase LancsBEA

Legislation

Producer Responsibility Obligations (Packaging Waste) Regulations 2007 as amended

One of the key methods by which the Government aims to reduce the amount of industrial, non-controlled waste going to landfill is the Packaging Regulations. This places a responsibility on the producer, user and distributor of packaging to recover and recycle a proportion of it.
This came about as a result of a European Union Directive on packaging waste, issued and agreed in 1994. The key aims of the Directive and hence the UK legislation was to increase the use of reusable and recyclable packaging. The UK is required to recover a minimum 59% by weight of packaging material and to recycle a minimum of 19% by weight of the total waste flow according to the latest 2002 figures.

The Producer Responsibility Obligations (Packaging Waste) Regulations 2007 apply in England, Wales and Scotland, equally. The Regulations apply to all businesses involved in the packaging chain and who handle more than 50 tonnes of packaging material in a year and who have an annual turnover of £2 million or more.

Businesses affected by the Regulations must either join a registered compliance scheme or register with the Environment Agency as an individual business. Registration must be renewed annually. Where companies have an annual turnover of over £5 million, Environment Agency registration applications must be accompanied by a compliance plan setting out the steps to be taken in order to comply with their obligations.

The details and obligations of the packaging regulations are significant, contact Groundwork for assistance in working out your obligations.
Recyclable material is classed as: (i) glass; (ii) aluminium; (iii) steel; (iv) paper/fibreboard or (v) plastic; and packaging material composed of a combination of any of those materials are to be treated as made of the material which is predominant by weight.

There are targets for each sector, which are cumulative with the Recovery and Recycling Obligation. A user/producer of packaging has Recovery, Recycling, and Sector targets.

To find the specific obligation:

Sector Obligation
Multiply the actual tonnage used/produced by the specific sector target, if more than one sector is covered by the actions of the company these targets are cumulative.

Recycling Obligation
Multiply the sector target by the tonnage used/produced and the recycling target

Recovery Obligation
Multiply the sector target by the tonnage used/produced and the recovery target

Sector Prescribed Responsibility

Producer
Manufacturer 6% Producing the raw materials for the packaging
Converters 9% Converting the above into packaging
Packer/Fillers 37% Putting product into the packaging
Seller/Wholesalers 48% The person selling the product
Secondary Provider 88% The person selling to the public
Importation
Finished Packaging 100% The packaging on the imported material

Many producers will find that they perform more than one activity; where this is so, each activity performed on a tonnage of packaging will attract an activity obligation.

Recovery Target
1998-1999 38%
2000 45%
2001 52%
2002 59%
Recycling Target
1998-1999 7%
2000 13%
2001 16%
2002 19%


Please note: These statements are for your assistance and may not be complete for your company’s particular circumstances. If in any doubt you are advised to consult your local Groundwork office or the Environment Agency to ensure that any action you take is within the law.

Environment Agency:
Northwest Regional office (Warrington) – 01925 653 999
Sub-regional offices:
Northern area office (Carlisle) – 01228 25151
Central area office (Preston) – 01772 339882
Southern area office (Sale) – 0161 973 2237