Many businesses operate in blissful ignorance of producer responsibility legislation and do not realise they are caught by this. Producer responsibility is an extension of the “polluter pays” principle. It aims to make businesses that place products on the market responsible for that product once it reaches the end of its useful life and becomes waste.
The Environment Agency is charged with ensuring compliance and enforcement of the legislation against companies who breach the Regulations. Qualifying businesses must register and meet other specific requirements in order to avoid prosecution and fines.
There are four primary types of producer responsibility legislation in the UK, although the regulations relating to packaging waste are the ones which commonly catch businesses unaware.
Producer Responsibility Obligations (Packaging Waste) Regulations 1997
The Regulations do NOT just apply to those businesses who manufacture packaging. They apply to ALL businesses in the packaging supply chain with an annual turnover exceeding £2m who handle over 50 tonnes of packaging per year. The key is that “packaging handled” includes packaging on products you import, packaging your business applies to goods and packaging on the goods sold to consumers.
If your business has a turnover exceeding £2m and handles over 50 tonnes of packaging per year it will be a “Producer” and is obligated under the Regulations. Qualifying businesses are required to register, purchase Packaging Recovery Notes and provide certificates of compliance in order to avoid prosecution and fines.
Businesses may meet the requirements of the Regulations directly or join a compliance scheme who will ensure that it meets all obligations upon payment of a fee.
Waste Electrical and Electronic Equipment Regulations 2006 (WEEE)
The waste electrical and electronic equipment regulations, known as WEEE regulations, require both manufacturers and importers of products to collect and recycle resulting waste from businesses and homes. Any WEEE business in the UK market must register with the Environment Agency through a producer compliance scheme.
Approximately 1.9 million tonnes of EEE waste is generated in the UK annually, and initial targets to recover 4kg per head have been easily attained. However, the legislation may be redesigned by 2016 with stricter percentage-based targets.
The Waste Batteries and Accumulators Regulations 2009
Businesses that place batteries for the first time into the UK market must register with the Environment Agency, and the Department for Business Innovation and Skills in the case of automobile or industrial batteries. Regulatory distinctions exist between producers and distributors and different battery types.
Battery producers must collect and recycle 30% of product by 2013 and 45% by 2016; automobile or industrial batteries cannot be incinerated or placed in a landfill. If a UK retailer sells more than 32kg of batteries annually, the retailer must accept waste portable batteries in stores for recycling.
Following the introduction of regulations in 2009, only 4% of 45,000 tonnes of portable batteries were recycled; however more than 90% of lead acid batteries for industrial and automotive use were recycled.
End of Life Vehicle Regulations 2003 (ELV)
Vehicle producers are responsible for collection of tyres and about 2.2 million vehicles reach their end of life annually. Measured by weight, 75-80% of these materials are currently recycled. Vehicle manufacturers must join and fund one of two recycling service providers, which allow owners to turn over vehicles for recycling without charge.
EU Directives have required 85% recovery and recycling since 2006, placing the UK slightly under target. The recycling target is expected to rise to 95% from 2015. Service providers must also recycle shredded tires, not place them in landfill sites.
Make sure your business is not in breach
Breach of any producer responsibility legislation can have severe financial consequences for businesses. The rules are complex and achieving compliance can put businesses at risk of hefty penalties if the legislation is breached. If you would like advice from a specialist environmental law solicitor in relation to producer responsibility legislation contact our experts on 01616 966 229 or complete an online enquiry form and we will be in touch.