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What are the packaging waste regulations?

The European Parliament and Council Directive 94/62/EC on Packaging and Packaging Waste first came into force at the end of 1994. It is aimed to harmonise the management of packaging waste in the EU, reducing any harmful effects on the environment. Primary objectives are to increase the amount of recovery and recycling of packaging waste but also to reduce the amount of packaging used in the first place.

Other clear environmental objectives include eliminating certain dangerous materials from packaging, providing consumers with information and putting the burden of recovery and recycling on the producer.

In the UK, the directive is implemented by the Producer Responsibility Obligations (Packaging Waste) Regulations 2005 and by the Packaging (Essential Requirements) Regulations 2003.

In essence, the regulations place obligations on certain businesses to register with the relevant enforcement agency (e.g. EA, SEPA or EHS) either directly or via an approved compliance scheme, such as Comply Direct.

Obligated companies have to recover and recycle specified tonnages of packaging waste each year and to certify that this recovery and recycling has been achieved. 

For UK obligated companies it is an offence not to discharge your obligations under the 2005 regulations. The penalties regime is a criminal one and cases may be heard in the high court. It is an offence to not register if you are an obligated producer and have met the threshold tests.

We can help

Offset your legal obligation through membership to Comply Direct. We provide a low cost and hassle-free service.

If you’re interested in the benefits we can offer, why not look at becoming a member. If you have a specific enquiry, call us on 0844 873 1034, request a call back or complete the enquiry form.

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