29/04/2005 - Scania (Great
Britain) Ltd, the heavy goods vehicle importer
and retailer, has been fined a total of £15,000
and ordered to pay total costs of £989
for failing in its duty to recycle packaging
waste.
Milton Keynes Magistrates were told that the
company failed two years running 1) to register
with the Environment Agency or a compliance
scheme, 2) to recover and recycle specific
tonnages of packaging waste and 3) to provide
the Agency with a certificate indicating whether
or not those targets had been met.
These failures resulted in six charges against
the company which pleaded guilty to all of
them at court today (Fri 29/4).
Under Regulation 34 of the Producer Responsibility
Obligations (Packaging Waste) Regulations
1997, certain businesses are expected to recover
and recycle a percentage of any packaging
they handle.
The aim is to make businesses take responsibility
for the packaging used in their operations
and reduce the amount going to landfill.
Businesses have an obligation to register
if, during the preceding financial year they
had a turnover in excess of £2 million;
fulfilled the function of manufacturer, converter,
pack filler, seller or importer in respect
of packaging; and have ownership of or handle
over 50 tonnes of packaging materials or packaging
each year, which is passed on to a subsequent
stage in the chain, or to the final user.
Scania failed to fulfil these obligations
for the years 2002 and 2003, saving themselves
£2,857.41 in packaging recovery as well
as a total of £1,900 registration fees.
They also asked the court to take into account
their failure to comply for the year 2001/2002,
when they saved £1,199.01 packaging
recovery and £950 registration. The
total sum avoided in the period 1998 to 2003
was calculated by Scania’s Compliance Scheme
as being in the region of £11,974.03.
The company’s turnover for 2002 was about
£529 million and for 2003 was about
£650 million.
Managers had been unaware of their obligation
until the Environment Agency contacted them
in March 2004 informing them that they may
be obligated and asking them for information
about their packaging use. It then transpired
that the company had never registered since
the Packaging Regulations came into force
in 1997.
After the hearing environment officer Kathie
McCarron said: ‘'The reason for having packaging
regulations is to cut back on the amount of
waste going into landfill. Businesses have
a duty to take responsibility for the packaging
they use and the consequence of failing to
comply with their environmental responsibilities
was reflected in the fines imposed today'
The company pleaded guilty to:
1. On or after 7 April 2002 at Delaware Drive,
Tongwell, Milton Keynes, Buckinghamshire you,
as a producer under Regulation 3(2) of the
Producer Responsibility Obligations (Packaging
Waste) Regulations 1997 for the year 2002,
failed to register in respect of 2002 as required
by Regulation 5 of those Regulations .Contrary
to Regulation 34(1)(a) and (5) of the Producer
Responsibility Obligations (Packaging Waste)
Regulations 1997 and Section 95 of the Environment
Act 1995.
2. Between 1 January 2002 and 31 December
2002 at Delaware Drive, Tongwell, Milton Keynes,
Buckinghamshire you, as a producer under Regulation
3(2) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 for the
year 2002, failed to take reasonable steps
to recover and recycle packaging waste (in
these Regulations referred to as the "recovery
and recycling obligations") in relation
to each of the classes of producer to which
the producer belongs, calculated as provided
in Schedule 2 as required by Regulation 3(5)(b)(i)
of those Regulations.Contrary to Regulation
34(1)(b) and (5) of the Producer Responsibility
Obligations (Packaging Waste) Regulations
1997 and Section 95 of the Environment Act
1995.
3. On or after 31 January 2003 at Delaware
Drive, Tongwell, Milton Keynes, Buckinghamshire
you, as a producer under Regulation 3(2) of
the Producer Responsibility Obligations (Packaging
Waste) Regulations 1997 for the year 2002,
failed to furnish a certificate of compliance
in respect of the recovery and recycling obligations
in accordance with Regulation 23 of those
Regulations Contrary to Regulation 34(1)(c)
and (5) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 and Section
95 of the Environment Act 1995.
4. On or after 7 April 2003 at Delaware Drive,
Tongwell, Milton Keynes, Buckinghamshire you,
as a producer under Regulation 3(2) of the
Producer Responsibility Obligations (Packaging
Waste) Regulations 1997 for the year 2003,
failed to register in respect of 2003 as required
by Regulation 5 of those Regulations. Contrary
to Regulation 34(1)(a) and (5) of the Producer
Responsibility Obligations (Packaging Waste)
Regulations 1997 and Section 95 of the Environment
Act 1995.
5. Between 1 January 2003 and 31 December
2003 at Delaware Drive, Tongwell, Milton Keynes,
Buckinghamshire you, as a producer under Regulation
3(2) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 for the
year 2003, failed to take reasonable steps
to recover and recycle packaging waste (in
these Regulations referred to as the "recovery
and recycling obligations") in relation
to each of the classes of producer to which
the producer belongs, calculated as provided
in Schedule 2 as required by Regulation 3(5)(b)(i)
of those Regulations.Contrary to Regulation
34(1)(b) and (5) of the Producer Responsibility
Obligations (Packaging Waste) Regulations
1997 and Section 95 of the Environment Act
1995.
6. On or after 31 January 2004 at Delaware
Drive, Tongwell, Milton Keynes, Buckinghamshire
you, as a producer under Regulation 3(2) of
the Producer Responsibility Obligations (Packaging
Waste) Regulations 1997 for the year 2003
failed to furnish a certificate of compliance
in respect of the recovery and recycling obligations
in accordance with Regulation 23 of those
Regulations. Contrary to Regulation 34(1)(c)
and (5) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 and Section
95 of the Environment Act 1995.
