The HSQE Department Ltd

Fact Sheet
Producer Responsibility Obligations (Packaging Waste)
Regulations 2007 SI 871
Does your business use or handle packaging? Do you know how much? If you don't
already know, then you need to check because, under the PRO Regulations, more
commonly known as the Packaging Waste Regulations, businesses in England
and Wales that meet certain threshold limits must:

register with the Environment Agency or a packaging compliance scheme

recover or recycle a specified amount of packaging waste each year
be able to show that this recovery and recycling has been carried out

It's very easy to underestimate the amount of packaging that you handle & The
HSQE Department has come across two businesses in the last 6 months that have
exceeded the thresholds, had obligations under the Packaging Regulations, but
hadn't realised. These Regulations have been in force, more or less in the same
form, since 1997 and the Environment Agency (EA) are pursuing a policy of zero
tolerance with organisations that have failed to register. Failure to comply with the
regulations is a criminal offence &, for each year that an organisation should have
registered, the EA is pressing charges for:

 Failure to register for a full year

 Failure to supply a certificate of compliance

 Failure to take steps to recover or recycle

The EA also seeks payment of unpaid registration fees at £776/year, plus their costs.
The typical, total cost of fines and costs of non-compliance is £6,000 per year.

Packaging is anything used to contain, protect, handle, deliver or present goods,

from cardboard cores, to pallets. Packaging is typically glass, paper, cardboard,
aluminium, steel, plastic or wood but it can be any material.

Any business in England and Wales that uses packaging could have obligations
under the Packaging Regulations. The flowchart on the next page will help you to
determine whether your company needs to comply with the regulations.

If it does, you will need to register as a Packaging Producer. Even if you already
recycle all the waste you can, you will still need to register in order to prove that you
are complying with the regulations.

© The HSQE Department Ltd 2010

36, Wimblestone Road, Winscombe, Somerset, BS25 1JP.
01934 610168/07909 528942
http://www.thehsqedepartment.com
 Annual turnover
Is the turnover of your company, or group of companies, above £2m?
(If your organisation is part of a larger one, then the threshold applies to the turnover of the
whole group*)

Yes

No
Quantity of Packaging handled
Is the quantity of packaging handled by your company(*or group) in a year, over 50 tonnes?

Yes
No

Activities
Is your organisation involved in any of these activities, either directly, or through a sub-
Your organisation
contractor?
Manufacture of materials for packaging e.g. plastic film does not have an
Conversionof raw materials into packaging e.g. printing cartons No obligation under the
Selling of packaged goods to the consumer Packaging
Provision of packaging service e.g.re-usable pallets
Regulations
Importation of packaging or packaged goods

No

Yes

Ownership
Does your company own any of the packaging that it handles?
No

Yes

Supply
Does your organisation transfer the packaging to another stage in the supply chain, e.g. to a
distributor or consumer?

Yes

Your organisation has obligations under the Packaging Regulations

© The HSQE Department Ltd 2010

36, Wimblestone Road, Winscombe, Somerset, BS25 1JP.
01934 610168/07909 528942
http://www.thehsqedepartment.com
Registering as a Packaging Producer
If your company is a Packaging Producer, you must register by 7th April each year.
You can either register directly with Environment Agency, or through an approved
packaging compliance scheme, which will then take on the responsibility for proving
that you have complied with your legal obligations.

When you register, you will be asked how much waste you handled in the previous
calendar year, and based on this you will be told how much packaging waste you
need to recover and recycle. You will need to provide evidence and certify by 31st
January of the following year that you have met this obligation.

There is an annual registration fee for each year you are obligated. The fee is £776 if
you register directly with the EA or £564 if you join a compliance scheme. Small
businesses can opt to pay a reduced registration fee. If you are registering a group
of companies, there is a slightly different fee structure, depending on how many
subsidiaries you are registering.

If you register with a packaging compliance scheme, they will provide the evidence
and ensure certification on your behalf. They will charge an additional fee for these
services.

The HSQE Department Ltd. Can help you to understand the

risks to your business from the PRO regulations. To discuss

your situation or to arrange a PRO audit please contact us:

info@TheHSQEDepartment.com

© The HSQE Department Ltd 2010

36, Wimblestone Road, Winscombe, Somerset, BS25 1JP.
01934 610168/07909 528942
http://www.thehsqedepartment.com