Packaging regulations

Transcription

1 Packaging regulatins This guidance applies t yu if yu wn, manage r wrk fr a business that prduces, uses r handles packaging r packaging materials. Prducer Respnsibility Obligatins - What yu must d! If yur business handles mre than 50 tnnes f packaging in a year and has a turnver f mre than 2 millin, yu must cmply with the Prducer Respnsibility Obligatins. These bligatins require yu t: register with yur envirnmental regulatr, and recycle and recver certain amunts f packaging waste. D the Prducer Respnsibility Obligatins apply t yu? These bligatins fr packaging waste nly apply t businesses that: handle mre than 50 tnnes f bligated packaging r packaging materials in a year, and have an annual turnver f mre than 2 millin (based n the last financial year). If yur business belngs t a grup f cmpanies these requirements apply t the ttal amunt f packaging handled by the grup and its ttal annual turnver. Nte: the bligatins apply t the ttal amunt f packaging handled, nt the amunt f packaging waste prduced. If yu lease r hire ut packaging, perate a franchise r if yu are a pub perating business, these requirements will apply t yu. Which regulatins apply t yu? In England, Sctland and Wales, the Prducer Respnsibility Obligatins (Packaging Waste) Regulatins 2005 apply. These regulatins include prvisins fr peple that lease prperty, franchisers and ther licensrs, which were previusly exempt. In Nrthern Ireland the Prducer Respnsibility Obligatins (Packaging Waste) Regulatins (Nrthern Ireland) 2006 apply. Yur business handles packaging if it manufactures raw materials fr packaging

2 cnverts raw materials int packaging fills packaging sells packaged gds t the final user prvides a service, including: leasing r hiring ut packaging such as pallets, franchising and ther licensing, perating pubs imprts packaging, packaging materials r packaged gds int the UK fr any f the abve activities brings transit packaging int the UK that will end up in the UK waste stream. What is packaging? Packaging includes all prducts used t cntain, prtect, handle, deliver r present gds. Gds may include anything frm raw materials t prcessed gds. Packaging als includes returnable and nn-returnable items such as bxes, pallets, labels, cntainers, tubes, bags and sacks. These may be made ut f paper, bard, wd, glass, metals, plastics, hessian, jute and ceramics. Packaging can als include tape, wrapping, binding and tying materials. What is packaging waste? In England, Sctland and Wales, the Envirnment Agency and SEPA have published a guidance dcument t help yu identify yur packaging waste. Hw t cmply with yur packaging waste bligatins Yu need t: register with yur envirnmental regulatr, and shw that yu have met yur recycling and recvery targets. Hw d yu d this? 1. Cmpliance Schemes Yu may jin a registered cmpliance scheme, which carries ut yur bligatins fr yu. If yu jin a registered cmpliance scheme yu d nt have t meet yur bligatins yurself. The scheme takes n yur business recvery and recycling bligatins. This includes btaining evidence f recvery and recycling, by prviding Packaging Waste Recvery Ntes (PRNs) r Packaging Waste Exprt Recvery Ntes (PERNs), and reprting n cmpliance t the regulatr. Yu will have t supply the cmpliance scheme with relevant data (ie hw many tnnes f packaging yu handle) and pay a fee. This fee nrmally includes a reduced registratin fee, which the scheme pays t the regulatr n yur behalf. The Envirnmental Regulatrs have prduced a list f registered cmpliance schemes in the UK. 2. Individual Rute

3 Yu may calculate yur wn recycling and recvery requirements, and register individually with yur envirnmental regulatr. If yu chse the individual rute t meet yur packaging waste bligatins yu need t fllw the steps described belw. a. Assess hw much packaging yur business handled in the previus year T calculate yur recvery and recycling bligatins fr the cming year yu need t knw: The amunt f packaging and packaging materials that yu handled in the last calendar year. Nte: this is the amunt f packaging handled, nt packaging waste prduced. The activity yu perfrmed n each material (eg raw material manufacturing, cnverting, etc.) and the percentage bligatin (ie the percentage f packaging that yur business needs t recver r recycle) assciated with each activity. The UK business recvery and recycling targets fr the year. Defra has prduced guidance n calculating yur bligatins, 6.pdf b. Cnfirm that yu have met yur recvery and recycling bligatins by 31 January f the fllwing year Yu must submit a Certificate f Cmpliance, issued by an apprved persn (fr example, a partner r directr), by 31 January each year t yur envirnmental regulatr. Yu must prvide cpies f evidence f cmpliance t supprt yur certificate. Yu d nt have t recver r recycle packaging waste yurself nr d yu have t recver r recycle the actual packaging that yu supplied. Reprcessrs and exprters f UK packaging waste can issue evidence f recvery and recycling t prducers. This evidence is issued in the frm f Packaging Waste Recvery Ntes (PRNs), issued by UK reprcessrs, r Packaging Waste Exprt Recvery Ntes (PERNs), issued by UK exprters f packaging waste. Reprcessrs and exprters will nrmally charge a fee fr PRNs and PERNs. The cst is nt set at a fixed rate, but depends n market cnditins. c. Prvide certain infrmatin t cnsumers If yur business main packaging activity is selling packaging r finished gds in packaging t the final user r cnsumer, yu must tell yur custmers abut: the return, recvery and cllectin facilities available t them, and their rle in achieving reuse, recvery and recycling f packaging and packaging waste.

4 If yu are a small prducer (ie a business handling mre than 50 tnnes f packaging per year, and with a turnver between 2 millin and 5 millin), yu may wish t fllw the allcatin methd. Yu will nt have t determine hw much packaging yu handle, and yur bligatins depend n yur turnver. 3. If yu are a small prducer (ie yu have a turnver between 2 millin and 5 millin, and handle mre than 50 tnnes f packaging per year), yu can chse t fllw the allcatin methd. Yur bligatins depend n yur turnver, and are derived frm a table prvided with the registratin pack. This is a vluntary methd, but if yu chse t use the allcatin methd, yu must fllw it fr at least three years. What des the allcatin methd invlve? BUT Yu will nt need t prvide infrmatin abut packaging handled each year t yur envirnmental regulatr, nr will yu have t calculate yur wn bligatins. Yu will need t shw evidence f yur turnver. Yu will still have t register with yur envirnmental regulatr r jin a cmpliance scheme, where yu will pay a reduced registratin fee. Yur recycling bligatin will be based n yur turnver. Use the table in the registratin pack t calculate yur bligatin. Yur recycling bligatin will apply t the main packaging material that yu handle. Yu will need t prvide evidence that yu have met the recvery and recycling targets set in the table. This cnsists f Packaging Waste Recvery Ntes (PRNs) r Packaging Waste Exprt Recvery Ntes (PERNs). PRNs and PERNs are btained frm accredited exprters and reprcessrs. Whichever methd yu chse, yu must keep recrds fr at least fur years t prve cmpliance. Gd practice guidance fr packaging waste Even if the Prducer Respnsibility Obligatins d nt apply t yu, it is a gd idea t reduce, recycle and reuse packaging. Yur business may save mney and yu will be helping the envirnment. Use the minimum packaging required fr safety, hygiene and cnsumer acceptance. Where pssible use packaging that can be reused, recycled r recvered.

5 When designing and manufacturing packaging, if it cannt be recvered r reused, make sure it will have a minimal impact n the envirnment. If packaging waste has t be incinerated r dispsed f at a landfill, make sure any hazardus substances are minimised. Wherever pssible, design packaging s that it can be reused several times. If yu sell packaging, tell yur custmers abut the return, recvery and cllectin facilities available t them. Emphasise the imprtance f their rle in achieving reuse and recvery f packaging and packaging waste. Essential Requirements Regulatins - What yu must d! If yur business prduces packed prducts, r places packaging r packaged gds n the market, yu must cmply with the Essential Requirements Regulatins. These regulatins require yu t: minimise the packaging used ensure packaging can be reused r recycled ensure packaging des nt cntain high levels f certain heavy metals Are the Essential Requirements relevant t yur businesses? They are if yu: design, specify r prduce packaging pack r fill packaging t sell claim t have packed r filled packaging by putting their name n the packaging, r imprt packaging. If yu pack prducts, fill packaging r imprt packed gds r packaging int the United Kingdm, yu must ensure that the packaging meets the Essential Requirements. Packaging includes all prducts that are used t cntain, prtect, handle, deliver and present gds. This includes nn-returnable items. The Essential Requirements apply t businesses thrughut the United Kingdm, regardless f their turnver and the quantities f packaging manufactured. Exemptins frm the Essential Requirements fr packaging The Essential Requirements apply t all packaging except: packaging which was used prir t 31 December 1994 packaging manufactured n r befre 31 December 1994 and placed n the market n later than 31 December 1999, and packaging made entirely frm lead crystal glass.

6 Partial exemptins are available in relatin t the cncentratin f regulated heavy metals. Regulated metals are lead, cadmium, mercury r hexavalent chrmium. Until 4 March 2009, plastic pallets and crates with heavy metal cncentratins greater than thse allwed by the regulatins may be placed n the market if certain criteria are met. Glass packaging may cntain up t 100ppm (parts per millin), by weight, f regulated heavy metals. This level may be raised t 250ppm, if recycled materials have been added. This nly applies if n regulated metals are intrduced during manufacture. Fr mre infrmatin n these partial exemptins, please refer t the Department f Trade and Industry Guidance Ntes fr Packaging (Essential Requirements) Regulatins. Hw t cmply with the Essential Requirements fr packaging T cmply with the Essential Requirements, yu must: minimise packaging weight and vlume (subject t safety, hygiene and cnsumer acceptance) make sure packaging can be recvered, r prduce packaging that is reusable make sure packaging has a minimal impact n the envirnment after dispsal make sure packaging is manufactured t cntain minimum levels f hazardus substances make sure the amunt f cadmium, mercury, lead and hexavalent chrmium, r any cmbinatin f these heavy metals, des nt exceed 100ppm (parts per millin) by weight. These limits apply t packaging and any packaging cmpnents, and keep evidence fr at least fur years frm the date that the packaging was placed n the market that it cmplies with the Essential Requirements. Yu need t be able t supply these details t yur enfrcing rganisatin within 28 days, if requested. Packaging Recvery Methds All packaging must be recverable by ne f the fllwing methds and yu must cmply with the assciated targets: material recycling the packaging must be manufactured s that a certain percentage (by weight) f the material can be recycled. energy recvery the packaging waste must be prcessed t allw fr maximum energy recvery. This means that any packaging waste burned must prduce mre energy than is used by the incineratin prcess.

7 cmpsting the packaging waste prcessed must be bidegradable and nt hinder the cllectin r cmpsting prcess. bidegradatin packaging must ultimately decmpse int carbn dixide, bimass and water. Reusable packaging must be capable f being used several times. Once at the end f its useful life, it must als meet the requirements fr recvery listed abve. Essential Requirements fr packaging - gd practice guidance Set up an Envirnmental Management System (EMS), t manage yur envirnmental respnsibilities and demnstrate that yu cmply with the regulatins. Make sure yu keep all recrds fr at least fur years, and regularly review yur EMS. Create buying specificatins fr yur business, which state that all packaging must cmply with the regulatins. Fr each packaging cmpnent yu use, get written evidence frm suppliers that it is within the heavy metal limits, there are n nxius substances and that it is suitable fr incineratin, cmpsting r recycling. If packaging is intended fr reuse, make sure yu have dcumented the systems fr supply, return and re-fill. Dcument the main ways in which yu are minimising packaging. Fr example, thrugh yur manufacturing prcess r transprtatin methd. Sme British Standards help clarify the Essential Requirements. Yu may use these t shw that yu cmply with the regulatins. The fllwing standards are relevant: BS13428:2004 Surce Reductin BS13429:2004 Reuse BS13430:2004 Material Recvery/Recycling BS13431:2004 Energy Recvery BS13432:2000 Cmpsting and Bidegradatin T buy these publicatins nline yu will need t register with British Standards. What is an Envirnmental Management System (EMS)? An Envirnmental Management System (EMS) prvides a structured, dcumented apprach t managing a business s envirnmental perfrmance and respnsibilities. An EMS must include certain elements, as required by the internatinal standard ISO Businesses can chse t be certified that they meet the requirements using either internal (in-huse) mechanisms r external certificatin rganisatins. In the UK, businesses may achieve certificatin under three standards r schemes:

8 ISO is the internatinal standard fr EMSs, and specifies the requirements necessary fr rganisatins t implement an EMS. EMAS (the EU Ec-Management and Audit Scheme) is a vluntary EU wide scheme. ISO is effectively the management element f EMAS and can stand alne. Registratin under EMAS requires an ISO based envirnmental management system as well as additinal elements, such as an Envirnmental Statement that has been verified by a suitably cmpetent persn. BS 8555 is a new standard launched by the British Standards Institute, aimed particularly at small t medium sized enterprises (SMEs). The standard breaks dwn the implementatin prcess fr ISO r EMAS int six separate stages. Under the Acrn Inspectin Scheme, develped by The Institute f Envirnmental Management and Assessment (IEMA), businesses can gain accredited inspectin and recgnitin fr their achievements at each step as they wrk twards full implementatin f ISO r EMAS. What are the benefits f implementing an EMS? The key benefits f an EMS t any business are listed belw. Cmplying with envirnmental legislatin can imprve relatins with the Envirnmental Regulatrs, and help yur business t avid enfrcement actin and assciated liability csts. Cst savings can be achieved thrugh mre efficient use f materials and energy. Independent certificatin f the system t a recgnised standard may imprve the public image f the business and cmmunity relatins. It can als enhance cmpetitiveness. Many businesses, as part f their wn EMS, require suppliers and cntractrs t have an accredited EMS. The Envirnmental Regulatry Agencies and EMS: Why are we telling yu abut this? Adptin f an EMS is nt a regulatry requirement fr businesses. Hwever, implementing an EMS can make it easier fr yu t cmply with the requirements f the law, and yur business may benefit frm implementing an EMS. The Department fr Envirnment Fd and Rural Affairs (Defra) has issued a gvernment psitin statement n EMSs. This statement utlines the uses and benefits f a rbust and credible EMS that fllws a natinal r internatinal standard r scheme, and that is audited by an independent certifier accredited by UKAS. The full statement can be accessed using the link belw. Why d yu have t cmply? Each year arund 10 millin tnnes f packaging waste is prduced in the UK, mst f which is dispsed f in landfill sites. A large amunt f this waste culd be recycled. The Eurpean Cmmissin has set targets fr member states t recver and recycle packaging waste. By 31 December 2008, at least 60% f the UK s packaging waste must be recvered, and 55-80% must be recycled.