14/01/2005 - The Environment
Agency is reminding businesses that they
face prosecution if they do not respond
to enforcement notices. This follows the
successful prosecution of Panini (UK) Limited
who failed to provide essential information
needed to determine whether the company
was legally obligated to recycle waste.
Panini (UK) Limited, based in Tunbridge
Wells, appeared before Sevenoaks Magistrates
Court on 10 January 2004 and was fined £1,500
and ordered to pay £190 costs for
failing, without reasonable excuse, to provide
information after the Environment Agency
issued a formal notice.
Under the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997, companies
with an annual turnover in excess of £2million
and handling more than 50 tonnes of packaging
per year must recover and recycle a given
proportion of packaging and packaging waste,
such as glass, paper and wood, and must
then provide evidence that this has been
carried out.
The court heard that the Environment Agency
contacted Panini (UK) Limited in May 2004
asking for information such as financial
turnover and amount of waste handled to
determine whether the company was obligated
under the Producer Responsibility Obligations
to recover and recycle a proportion of its
waste. No response was received to this
or the second letter enclosing a formal
notice that was sent in July.
David Brodie, Environment Officer for the
Environment Agency said: "Since the
Producer Responsibility Regulations have
been in force, the amount of packaging being
recycled and not going to landfill has increased
significantly so it is essential for us
to obtain relevant information to ensure
that companies fulfil their recycling obligations.
"By failing to respond to the enforcement
notice we were unable to gain the information
we needed to determine whether the company
was legally obligated to recycle a proportion
of its waste. Panini’s failure to respond
was irresponsible and should act as a reminder
that enforcement notices are important and
should not be ignored."
The Magistrates said that they had taken
into account the early guilty plea and thought
that Panini (UK) Limited had not intended
to deceive the Environment Agency, but they
felt there had been an element of tardiness
within the Company in responding to the
Notice.
