Rita
Penman - 27-Oct-2006 - Power tool company Makita
International Europe Ltd of Tongwell, Milton Keynes
has been fined a total op £12,000 and ordered
to pay £1,257 costs for failing to recover
and recyle packaging waste.
Milton Keynes Magistrates’ Court
was told that the company had registered with
the Environment Agency confirming it was obligated
under the scheme but failed to fulfil its environmental
duty by paying for recycling.
Under environmental regulations,
any company handling more than 50 tonnes of packaging
per year and with an annual turnover of more than
£2m per year must recover and recycle or
pay to recover and recycle a percentage of their
packaging waste.
Companies carry out their obligation
by registering with the Environment Agency or
a compliance scheme and buying sufficient packaging
waste recovery notes (PRNs) from accredited packaging
waste re-processors to demonstrate they have paid
for enough recovery to meet their obligation.
Makita’s turnover was more than
£50m for 2003 and more than £60m for
2004 and the company handled 1,016 and 786 tonnes
of packaging respectively. This would have meant
a cost to the company of about £7,818 during
2004 and 2005.
Makita International Europe
is a holding company with two subsidiaries Makita
Manufacturing Europe which manufactures power
tools and Makita UK, the sales element of the
business. Where two or more subsidiaries are obligated
then the holding company can register on behalf
of the group and the individual subsidiaries are
not required to register separately.
The company had registered and
complied with the requirements from 1997 to 2003
and although it had registered for 2004 and 2005
it had failed to comply.
Company bosses blamed the situation on staff changes
and sickness but said they had since joined a
compliance scheme.
After the hearing Environment
Agency investigating officer Kathie McCarron said:
‘'The Packaging Waste Regulations aim to ensure
businesses take responsibility for the packaging
products they use by placing certain recovery
and recycling obligations upon them.
‘Companies must ensure that
they have the necessary procedures in place to
ensure that these obligations are met. The Agency
will seek to enforce these regulations and take
action against companies who fail to meet them'
Makita International Europe
Ltd pleaded guilty to:
1) As a producer under Regulation
3(2) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 failed to take
reasonable steps to recover and recycle packaging
waste during the year ending 31 December 2004
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. Fined £3,000.
2) As a producer under Regulation
3(2) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 1997 failed to furnish
a certificate of compliance in respect of the
recovery and recycling obligations by 31 January
2005 as required by Regulations 3(5)(b)(ii) and
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. Fined
£3,000.
3) As a producer under Regulation
4(2) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 2005 failed to recover
and recycle packaging waste during the year ending
31 December 2005 as required by Regulation 4(4)(b)(i)
of those Regulations. Contrary to Regulation 40(1)(b)
and (9) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 2005 and Section
95 of the Environment Act 1995. Fined £3,000.
4) As a producer under Regulation
4(2) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 2005 failed to furnish
a certificate of compliance in respect of the
recovery and recycling obligations by 31 January
2006 as required by Regulations 4(4)(c) and 21
of those Regulations. Contrary to Regulation 40(1)(c)
and (9) of the Producer Responsibility Obligations
(Packaging Waste) Regulations 2005 and Section
95 of the Environment Act 1995. Fined £3,000.
