29/04/2005 - A company
which supplies packaging materials to the
food industry was today (Fri) prosecuted for
failing to recycle waste and fined a total
of £9,000 with £978 costs.
Clifford Packaging of Bradbourne Drive, Tilbrook,
Milton Keynes admitted failing to do its environmental
duty but claimed it thought it was exempt.
Under Regulation 34 of the Producer Responsibility
Obligations (Packaging Waste) Regulations
1997 and section 95 of the Environment Act
1995, certain businesses are expected to recover
and recycle a percentage of any packaging
they handle.
Clifford Packaging Ltd was required under
the laws to 1) register with the Environment
Agency or a compliance scheme, 2) recover
and recycle a specified tonnage of packaging
waste, and 3) provide the Agency with a certificate
showing whether or not the targets had been
met.
The company failed to do any of these for
2002 and 2003, generating a total of six charges.
Additionally it was charged with failing to
register for 2004.
Further offences relating to 2001 were taken
into account by the magistrates when passing
sentence.
The company secretary based in Milton Keynes
was approached by the Environment Agency in
both March and April 2004 informing him that
the company may be obligated to register for
recycling. Details of turnover and packaging
handled was asked for.
In June, still having had no reply, a notice
was served on the company secretary to supply
the information within 28 days.
From that information it was clear that the
company should be registered to recycle and
had not been doing so.
Businesses have an obligation to register
if, during the preceding financial year they
had a turnover in excess of £2 million;
fulfilled the function of manufacturer, converter,
pack filler, seller or importer in respect
of packaging; and have ownership of or handle
over 50 tonnes of packaging materials or packaging
each year, which is passed on to a subsequent
stage in the chain, or to the final user.
Clifford Packaging had a turnover of about
£9.2 million for 2001/2002; £10.2
million for 2002/2003 and £11.5 million
for 2003/2004. It also imports packaging from
Europe and other parts of the world with 1,831
tonnes in 2001, 1,271 in 2002 and 1,265 in
2003.
Businesses do not have to physically recover
and recycle the packaging themselves. There
are systems which allow them to pay other
organisations to do the recycling on their
behalf.
Accredited reprocessors recover or recycle
packaging waste from a variety of sources
and evidence of this is recorded in Packaging
Recovery Notes (PRN). The PRNs are then sold
and a company such as Clifford Packaging can
buy them – thereby paying to recycle packaging
equivalent to a percentage of what it has
handled.
After the hearing environment officer Kathie
McCarron said: ‘'The reason for having packaging
regulations is to cut back on the amount of
waste going into landfill.
‘Clifford Packaging has saved a significant
amount of money by not registering giving
them an unfair advantage over companies complying
with the law.
‘Businesses have a duty to take responsibility
for the packaging they use and the consequence
of failing to comply with their environmental
responsibilities was reflected in the fines
imposed today.’
The company pleaded guilty to:
1. On or after 7 April 2002 at 95 High Street,
Edgware, Middlesex, you the defendant as a
producer under Regulation 3(2) of the Producer
Responsibility Obligations (Packaging Waste)
Regulations 1997 for the year 2002 failed
to register in respect of 2002 as required
by Regulation 5 of those Regulations. Contrary
to Regulation 34(1)(a) and (5) of the Producer
Responsibility Obligations (Packaging Waste)
Regulations 1997 and Section 95 of the Environment
Act 1995.
2. Between 1 January 2002 and 31 December
2002 at 95 High Street, Edgware, Middlesex,
you the defendant as a producer under Regulation
3(2) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 for the
year 2002 failed to take reasonable steps
to recover and recycle packaging waste (in
these Regulations referred to as the "recovery
and recycling obligations") in relation
to each of the classes of producer to which
the producer belongs, calculated as provided
in Schedule 2 as required by Regulation 3(5)(b)(i)
of those Regulations.Contrary to Regulation
34(1)(b) and (5) of the Producer Responsibility
Obligations (Packaging Waste) Regulations
1997 and Section 95 of the Environment Act
1995.
3. On or after 31 January 2003 at 95 High
Street, Edgware, Middlesex, you the defendant
as a producer under Regulation 3(2) of the
Producer Responsibility Obligations (Packaging
Waste) Regulations 1997 for the year 2002
failed to furnish a certificate of compliance
in respect of the recovery and recycling obligations
in accordance with Regulation 23 of those
Regulations Contrary to Regulation 34(1)(c)
and (5) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 and Section
95 of the Environment Act 1995.
4. On or after 7 April 2003 at 95 High Street,
Edgware, Middlesex, you the defendant as a
producer under Regulation 3(2) of the Producer
Responsibility Obligations (Packaging Waste)
Regulations 1997 for the year 2003 failed
to register in respect of 2003 as required
by Regulation 5 of those Regulations. Contrary
to Regulation 34(1)(a) and (5) of the Producer
Responsibility Obligations (Packaging Waste)
Regulations 1997 and Section 95 of the Environment
Act 1995.
5. Between 1 January 2003 and 31 December
2003 at 95 High Street, Edgware, Middlesex,
you the defendant as a producer under Regulation
3(2) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 for the
year 2003 failed to take reasonable steps
to recover and recycle packaging waste (in
these Regulations referred to as the "recovery
and recycling obligations") in relation
to each of the classes of producer to which
the producer belongs, calculated as provided
in Schedule 2 as required by Regulation 3(5)(b)(i)
of those Regulations.Contrary to Regulation
34(1)(b) and (5) of the Producer Responsibility
Obligations (Packaging Waste) Regulations
1997 and Section 95 of the Environment Act
1995.
6. On or after 31 January 2004 at 95 High
Street, Edgware, Middlesex, you the defendant
as a producer under Regulation 3(2) of the
Producer Responsibility Obligations (Packaging
Waste) Regulations 1997 for the year 2003
failed to furnish a certificate of compliance
in respect of the recovery and recycling obligations
in accordance with Regulation 23 of those
Regulations Contrary to Regulation 34(1)(c)
and (5) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 and Section
95 of the Environment Act 1995.
7. On or after 7 April 2004 at 95 High Street,
Edgware, Middlesex, you the defendant as a
producer under Regulation 3(2) of the Producer
Responsibility Obligations (Packaging Waste)
Regulations 1997 for the year 2004 failed
to register in respect of 2004 as required
by Regulation 5 of those Regulations. Contrary
to Regulation 34(1)(a) and (5) of the Producer
Responsibility Obligations (Packaging Waste)
Regulations 1997 and Section 95 of the Environment
Act 1995.
