Failed European directive. St Ives company Acorn Labels Ltd, which makes self adhesive and card labels, has been fined a total of £1,800 and ordered to pay full Environment Agency costs of £1,250 after pleading guilty yesterday (Wed) to not complying with the packaging regulations.
Under an European directive, member states are required to recycle and recover packaging waste. Companies with an annual turnover of more than £2 million and which handle more than 50 tonnes packaging a year have to register with the Environment Agency or join a scheme and pay a sum dependant on level of activity.
Acorn Labels' non-compliance with the regulations came to light during a routine enquiry by the Environment Agency which discovered that the company had not been registered for two years. The company pleaded guilty to not being registered with the Environment Agency or a compliance scheme under the regulations during 2006 and 2007.
Mrs Anne-Lise McDonald told Huntingdon magistrates that the aim of the packaging regulations is to make sure businesses take responsibility for the packaging used in their operations which in turn reduces the amount of packaging produced and the amount ending up in landfill.
Businesses are not obliged to physically recover and recycle the packaging themselves, there are other companies which are paid to do the recycling on their behalf.
In 2005 a simplified system was introduced, along with regulations in the same year, for companies with a turnover between £2 million and £5 million. This made it easier for small producers and saved them having to calculate the amount of packaging handled. Instead, they can elect to pay a lower fee of £562 and recycle and recover an amount of packaging waste based on turnover.
Acorn Labels had avoided paying £1,691 during the years they were not registered.
After the hearing Environment Agency officer Claire Magee said: 'The money raised from compliance with this legislation goes directly into the recycling industry which means that more packaging waste can be recycled rather than ending up in landfill sites.
'By not complying with these regulations Acorn Labels have not made their contribution towards recycling. Today's result shows that the Environment Agency will actively seek to find and prosecute companies who do not comply with these important regulations.'
Acorn Labels pleaded guilty to:
1. That you as a producer under Regulation 4(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 failed to register by 7 April 2006 as required by Regulations 4(4)(a) and 6 of those Regulations.
Contrary to Regulation 40(1)(a) and (9) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 and Section 95 of the Environment Act 1995. Fined £300
2. That you as a producer under Regulation 4(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 failed to recover and recycle packaging waste during the year ending 31 December 2006 as required by Regulation 4(4)(b)(i) of those regulations.
Contrary to Regulation 40(1)(b) and (9) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 and Section 95 of the Environment Act 1995. Fined £300
3. That you as a producer under Regulation 4(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 failed to furnish a certificate of compliance in respect of the recovery and recycling obligations by 31 January 2007 as required by Regulations 4(4)(c) and 21 of those Regulations.
Contrary to Regulation 40(1)(c) and (9) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 and Section 95 of the Environment Act 1995. Fined £300
4. That you as a producer under Regulation 4(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 failed to register by 7 April 2007 as required by Regulations 4(4)(a) and 6 of those Regulations.
Contrary to Regulation 40(1)(a) and (9) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 and Section 95 of the Environment Act 1995. Fined £300
5. That you as a producer under Regulation 4(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 failed to recover and recycle packaging waste during the year ending 31 December 2007 as required by Regulation 4(4)(b)(i) of those Regulations.
Contrary to Regulation 40(1)(b) and (9) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 and Section 95 of the Environment Act 1995. Fined £300
6. That you as a producer under Regulation 4(2) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 failed to furnish a certificate of compliance in respect of the recovery and recycling obligations by 31 January 2008 as required by Regulations 4(4)(c) and 21 of those Regulations.
Contrary to Regulation 40(1)(c) and (9) of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 and Section 95 of the Environment Act 1995. Fined £300