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Good things come in small packages
Archived article dated Tuesday October 30th 2007
Last week, a study by the Local Government Association showed that retailers must cut back on packaging in order to meet recycling targets. Kirsty Gomersal, an associate at Eversheds, discusses the effect that current regulations have on retailers.
Since 1997 businesses have been obliged to recover and recycle a certain level of packaging and waste, but despite this responsibility millions of tonnes are still sent to landfill sites each year.EU Packaging Directive 94/62/EC drives UK packing regulation and is concerned with minimising the creation of packaging waste material and promoting recovery, re-use and recycling. These measures have been in force since March 1997 and are currently implemented through the Packaging (Essential Requirements) Regulations 2003 (“the Essential Requirements Regulations”) and the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (“the Producer Responsibility Regulations”).
Both sets of regulations have led to decreases in the amount of packaging used and many businesses are working hard to use less material than they would have done a few years ago.The Essential Requirements Regulations state that the volume and weight of packaging must be limited to the minimum amount necessary to maintain levels of safety, hygiene and acceptance for the packed product and for the consumer. Packaging must also be manufactured to allow its reuse or recovery. Noxious or hazardous substances in packaging must also be minimised.
Although there have only been a handful of successful prosecutions under the Essential Requirements Regulations, many retailers are now subject to an additional set of regulations - the Producer Responsibility Regulations. These regulations set a formula for how much packaging waste must be recovered or recycled. It is important to note that those caught under the regulations do not in fact have to recover and recycle their own packaging waste. They must merely demonstrate that they have recovered or recycled an equivalent amount of packaging waste that they handled or supplied in the previous year.
Over the last year, the Environment Agency has adopted a tougher stance in respect of non-compliance. The Agency now recommends prosecution in all cases of non-compliance, even where those companies were unaware of their obligations.
Each breach of both sets of Regulations carries with it a fine of up to £5,000 in the Magistrates' Court or an unlimited fine in the Crown Court for the most serious cases.
Although both sets of regulations have reduced the amount of packaging used and increased recycling and recovery of packaging, critics argue that more still needs to be done. The government has put its weight behind a campaign which may have an impact upon consumers' purchasing decisions. It is encouraging consumers to “vote with their wallet” and only buy produce which is loose, or products contained in minimal packaging. Customers themselves seem ever more mindful of green credentials.
Against this backdrop and given the Environment Agency's increasingly hard line against non-compliance with the regulations, retailers are advised to take steps to improve further their packaging performance.
Tagged as: packaging | recycling | eversheds
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