Packaging (Essential Requirements) Regulations 2003
The Packaging (Essential Requirements) Regulations 2003 (as amended) require that no packaging is placed on the market unless it fulfils the Essential Requirements heavy metal concentration targets. In a nutshell this means packaging has to meet the limits for volume and weight, must be suitable for either material recycling, energy recovery or composting, or reuse if reuse is intended, and be within the limits for hazardous substances and heavy metals. The regulations are enforced by the Trading Standards Office (TSO) for the local authorities. Packaging that does not meet the requirements of the Packaging Regulations – e.g. due to “overpacking” may be subjected to further assessment on behalf of the TSO with the risk of being withdrawn from the market.
The Producer Responsibility Obligations (Packaging Waste) Regulations
Regulations provide the statutory framework by which the minimum recovery and recycling targets must be met.
Producers are required to:
- Register. Producers must register with an agency or packaging compliance scheme. Producers must also provide a compliance plan outlining the steps they intend to take to meet their recovery and recycling obligations.
- Recover and Recycle. Producers must take reasonable steps to achieve the specified tonnage of recovery and recycling of packaging waste.
- Produce end of year compliance certificate. At the end of the year in question, producers must provide their agency with a certificate of compliance stating whether those recovery and recycling obligations have been met.
- Producers are responsible for ensuring they supply data that is as accurate as reasonably possible.
Compliance schemes aim to fulfil the obligations of their members. As a producer it is necessary to self-evaluate to determine if direct registration or joining a compliance scheme better organisational requirements. Each scheme has systems and forms for taking out membership. Schemes must apply to the appropriate authority for approval and during the approval period must comply with various regulatory conditions.
Giraffe offer bespoke tools, advice and guidance to ensure compliance with the packaging regulations. Giraffe have also historically acted as an expert witness to aid an organisation in avoiding prosecution by the TSO.