Producer Responsibility: Background

1
Producer Responsibility Background

• In order to make the production of certain
  products more environmentally sustainable and
  increase waste recovery rates the concept of
  producer responsibility has, and will continue to
  be, implemented in EU member countries.
• Its underlying theory is that producers of
  'targeted' waste streams must take responsibility
  for the recovery and safe disposal of those
  items.
• Producer responsibility legislation takes the
  'producer' to mean the entire supply chain from
  manufacture, to distribution and sale of
  products.

2
Producer Responsibility Legislation

• Producer responsibility was first introduced
  with the implementation of The EU Packaging and
  Packaging Waste Directive. The Directive requires
  Member States to set recovery and recycling
  targets for packaging waste.
• The Directive has been implemented into UK law
  primarily through the Environmental Protection
  Act 1995 and specifically two statutory
  instruments
• The Producer Responsibility Obligations
  (Packaging and Packaging Waste) Regulations 1997,
• The Packaging (Essential Requirements)
  Regulations 1998.

3
Legislation Aims

• Main aims
• Packaging (Essential Requirements) Regulations
• To ensure packaging waste meets certain essential
  requirements packaging must be minimal, noxious
  substances must be minimised and it must meet
  heavy metal concentration limits.
• Producer Responsibility Regulations
• To encourage waste reduction and reuse of
  packaging and packaging waste and to increase
  the recovery and recycling of packaging and
  packaging waste.

4
UK National Targets
5
Do the Producer Responsibility Regulations apply
to you?

• A company is obligated if they handle 50 tonnes
  of packaging material in any year and
• Have an annual turnover of 2 million
• Perform one or more of the four listed activities
• Manufacturing
• Pack/Fill
• Converting
• Seller.

6
The Packaging Activity Chain

• There are four life cycle stages which packaging
  goes
• through
• Manufacturer produces raw materials
• for packaging
• Converter convert materials into packaging
• Packer/Filler pack products or fill packaging
• Retail/Wholesaler
• sells goods to the consumer.

7
Packaging Materials
There are seven categories of packaging materials
that are obligated
Aluminium Steel
Plastic
Glass
Other materials such as hessian sacks
Paper/fibreboard
Wood
8
Shared Responsibility
The key feature of the Regulations is the shared
approach Which spreads responsibility over the
packaging chain. Each activity carries a
different obligation.
9
Shared Responsibility Percentage exampleUsing
a tin of soup sold in a supermarket

• The Company which manufactured the steel
• The Company that turned it into a tin
• The Company that packed the tin with soup
• The Supermarket which sold the tin of soup

• 6 obligation
• 9 obligation
• 37 obligation
• 48 obligation

100 Total
10
How Do I calculate obligations?
11
Registering

• Obligated businesses must register annually with
  the Environment Agency before April 1st
• Provide data on packaging handled for the
  previous year
• Proof that targets have been met must be provided
  by January 31st of the following year.

12
Proof of Evidence

• Collection of packaging materials is not enough
  even if it is being recycled. Evidence is
  required in the form of PRNs (packaging recovery
  notes) or alternative evidence
• PRNs
• These are issued by accredited reprocessors such
  as paper mills, energy from waste incinerators or
  composters.There are over 200 accredited
  reprocessors in the UK.
• Alternative Evidence
• Alternative evidence from non accredited
  reprocessors is an acceptable form of compliance.
  The evidence is normally in the form of an audit
  trail which proves that the packaging waste has
  been reprocessed.

13
Compliance options
There are several options available to a company
who needs to comply. The options are

• Comply as an individual company
• Individually registered companies must submit a
  certificate of compliance each year

• Join a registered compliance scheme
• A compliance scheme operates as a group rather
  than an individually registered company

14
Non-Compliance

• The Environment Agency is responsible for
  regulating and ensuring compliance with the
  Regulations.
• Failure to comply is a criminal offence and can
  result in significant fines or imprisonment.
• Fines of up to 5000 can be made in a magistrates
  court and an unlimited fine in a crown court.