The Producer Responsibility Obligations (Packaging Waste) Regulations 2007, SI 2007/871 (PRO(PW)R 2007) came into force on 16 March 2007, implementing those provisions of the European Directive on Packaging and Packaging Waste Directive 94/62/EC (PPWD) that have regard to recycling and (pre-2021) recovery targets for packaging waste, which stem from the principles of producer responsibility.
PRO(PW)R 2007 applies to the whole of Great Britain.
What is the producer responsibility principle?
Producer responsibility is the principle that businesses should be responsible for recycling waste that they produce, with the aim of reducing the amount of waste that goes to landfill.
This responsibility has grown through Government policy and legislation and is known as extended producer responsibility (EPR).
What is meant by a producer under the PRO(PW)R 2007?
Under the PRO(PW)R 2007, a producer includes businesses which:
- Produce raw material for packaging manufacturing (manufacturer)
- Converts raw material into packaging (converter)
- Puts goods in packaging or puts packaging around goods (packer/filler)
- Supplies packaging to the end user (seller)
- Imports packaged goods or packaging materials from outside the UK (importer)
- Hires out packaging supplies (service provider)
Charities are exempt from Parts 2 (producer and obligations), 3 (registration) and 4 (records, returns and certificate) of PRO(PW)R 2007.
However, if charities also have trading operations which supply packaging in the course of their business that aspect of their business is not exempt.
What is meant by packaging?
Packaging means a product made from any material which is used for the containment, protection, handling, delivery and presentation of goods from raw materials to processed goods.
What are the producer responsibility obligations under PRO(PW)R 2007?
The producer responsibility obligations under PRO(PW)R 2007 are to register with the relevant regulator and supply data, and complete a certificate of compliance that certifies that the company has met the recovery (pre-2021 targets) and recycling obligations for the previous year.
The amount of packaging waste a producer is to recycle pertaining to a class of producer is determined multiplying the amount of packaging and packaging materials handled in Great Britain by the producer in the preceding year (P, in Sch 2 paragraph 1A(3)) by the percentage prescribed in relation to the class of producer (C, in Sch 2, paragraph 4) and by the recycling target for the relevant year (X, in Sch 2, paragraph 5).
Smaller producers
Smaller producers, which includes businesses with an annual turnover of between £2 million and £5 million, may choose to adopt the allocation method when working out obligations, more information regarding this method is provided in PRO(PW)R 2007, Schedule 2, Paragraph 7.
Packaging Recycling Notes (PRNs) and Packaging Export Recycling Notes (PERNs)
Under PRO(PW)R 2007 a producer can only show compliance with obligations by obtaining Packaging Recycling Notes (PRNs) or Packaging Export Recycling Notes (PERNs) from accredited reprocessors or exporters.
Accredited reprocessors and exporters collect and handle waste on behalf of the producer and sell to producers PRNs and PERNs as evidence of recycling.
Compliance schemes
Under PRO(PW)R 2007 producers can join a compliance scheme, registered with the regulator.
Compliance schemes provide a service for packaging producers.
The producers join a scheme as members. For a charge, the compliance scheme takes on their packaging producer legal obligations.
Registration
PRO(PW)R 2007, reg 6 sets out that where producers have not registered with a compliance scheme, they must register with the appropriate regulator on or before 7 April each year.
PRO(PW)R 2007, reg 7 and Sch 3 outlines the registration process and the information that must be provided to the regulator on registration including details of the amount of packaging waste required to be recycled for each type of material.
Registration costs
Under PRO(PW)R 2007, producers who register with the EA must pay a registration fee, with additional charges for subsidiaries registered as part of a group.
The registration fee for small producers is a little lower.
Certificate of compliance
The producer has obligations under PRO(PW)R 2007, regs 20–21 to retain and provide returns to the regulator and to provide certificates of compliance to the regulator evidencing that their obligations are met.
PRO(PW)R 2007, Sch 4 sets out what the certificate of compliance must include.
Appeals
Producers have the right to appeal against refusals of registration applications under PRO(PW)R 2007, reg 7, or where a registration is cancelled by the regulator.
Agencies’ powers and duties
Under PRO(PW)R 2007 the regulator has duties to monitor compliance, to keep a public register of all the producers and compliance schemes as well as the accredited re-processors and exporters and gives it powers of entry and inspection.
It is a criminal offence for a producer to fail to comply with their producer responsibility obligations, and the regulator can decide to prosecute or use civil sanctions for such non-compliances.
If you are unsure whether your business is compliant, need assistance with registration, or want advice on managing your recycling obligations, contact James Edes today.