Packaging is defined within the regulations as ‘material used for the containment, protection, handling, delivery and presentation of goods’.
THE Producer Responsibility Obligations (Packaging Waste) Regulations were first introduced as UK legislation in 1997, implementing the 1994 EU Directive for the recycling and recovery of packaging waste.
This required many businesses in the UK to register and fulfill recycling and recovery obligations related to the amount of packaging they placed on the market.
There are 2 key thresholds to meet for a company or group of companies, a sole trader or a partnership to become obligated:
- They must handle over 50 tonnes of packaging material annually
- And, have a turnover of over £2 million.
If the company meets this threshold they are likely to be affected by the regulations and be an obligated producer.
In order to qualify, an obligated producer will need to own and perform a relevant activity on the packaging, or supply it on to the next stage in the packaging chain, or the end user. These activities are raw material manufacturer, converter, packer/filler, seller and importer. Many companies will perform more than one of these activities.
Managing your obligation
If you are an obligated producer you must register with a registered compliance scheme such as Toddpak, or directly with one of the Environmental Agencies. You will also be required to supply data on the amount of packaging you handle each year. Your obligation is calculated based upon this data, your activity and the Government’s current recycling and recovery targets.
Failure to register your obligation can lead to prosecution by the Environment Agency. Fines can be substantial.
Packaging Waste is policed by the EA (Nationally and locally) and the Essential requirements by Trading Standards (locally)
By joining Toddpak, we will take over your legal obligation under the regulations and the responsibility for obtaining evidence of recycling and recovery on your behalf.
Quick CheckFor a simple checklist to see if you may be obligated by these Regulations.