Two Solihull companies make charity payments for their recycling failure
Enforcement Undertaking accepted to address breaches of environmental legislation
Any company handling more than 50 tonnes of packaging a year, and with a turnover of above £2 million, must register with the Environment Agency or a packaging compliance scheme.
The Birmingham Botanical Gardens’ Alan King Alpine Garden project has received a financial boost after the Environment Agency accepted Enforcement Undertaking (EU) offers from two Solihull-based companies - G&Z Trading Ltd and Unielectronics Ltd.
The payments are part of an EU offered by each of the companies for its failure to register as a packaging producer and take steps to recover and recycle its packaging waste under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007.
Unielectronics specialises in importing print and ink cartridges. They first became obligated under the Packaging Regulations in the 2014 registration year but failed to register until 2018. The company has complied with the regulations ever since and has made a financial contribution of £5,060 to Birmingham Botanical Gardens.
G&Z Trading supply brand new generic ink cartridges and trade under the name of Printing Pleasure. They first became obligated under the Packaging Regulations in the 2017 registration year but failed to register until 2018. The company has complied with the regulations ever since and has made a financial contribution of £1,000 to Birmingham Botanical Gardens.
The Birmingham Botanical Garden’s Alan King Alpine Garden conserves, showcases and makes accessible the National Cyclamen Collection of species and other alpine, montane, sub-montane and Mediterranean flora.
Jake Richardson, Senior Technical Officer for the Environment Agency, said:
“Enforcement Undertakings enable businesses to address historical non-compliance under the Packaging Regulations, through a series of actions that ensure future compliance and a financial contribution to a suitable environmental project.
“Any company handling more than 50 tonnes of packaging a year, and with a turnover of above £2 million, must register with the Environment Agency or a packaging compliance scheme, and meet their responsibilities for recycling waste packaging. If a company fails to meet their obligations under environmental law, we will take action to ensure they change their ways.”
Elizabeth Frostick, Development Director, Birmingham Botanical and Horticultural Society said:
“As a charity we receive no regular public funds and are hugely grateful for support from the Environment Agency and charitable donations that help us preserve Birmingham’s unique heritage site and Gardens for future generations.
“The Alan King Alpine Project has involved the building of two climate-controlled secure and accessible glasshouses and creation of a rocky alpine environment providing a unique opportunity to learn about endangered habitats under threat and importance of the conservation of plants.
Please report any environmental issues to the Environment Agency’s 24-hour Incident Hotline on 0800 80 70 60.
The companies have also paid the Environment Agency’s administration, investigation and legal costs.
Notes
The regulations the companies did not meet:
Unielectronics Ltd
In the years 2014 - 2017: Regulation 40(1)(a) - a failure to register under the Producer of Responsibility Obligations (Packaging Waste) Regulations 2007.
In the years 2014 - 2017: Regulation 40(1)(b) – a failure to recover/recycle under the Producer of Responsibility Obligations (Packaging Waste) Regulations 2007.
G&Z Trading Ltd
In the year 2017: Regulation 40(1)(a) - a failure to register under the Producer of Responsibility Obligations (Packaging Waste) Regulations 2007.
In the year 2017: Regulation 40(1)(b) – a failure to recover/recycle under the Producer of Responsibility Obligations (Packaging Waste) Regulations 2007
If a business or organisation produces or uses packaging, or sells packaged goods, they may be classed as an obligated packaging producer.
Companies are an ‘obligated’ packaging producer’ if they (or the UK group of companies they are part of) meet both of the following criteria:
- handled 50 tonnes of packaging materials or packaging in the previous calendar year
- have a turnover of more than £2 million a year (based on the last financial year’s accounts)
Every year an obligated packaging producer must:
- register by 7 April either directly with the Environment Agency or through a producer compliance scheme
- meet their recovery and recycling obligations
- obtain evidence of compliance
- submit a certificate of compliance by 31 January the following year
The aim of the Packaging Regulations is to achieve a more sustainable approach to dealing with packaging materials by ensuring that businesses take responsibility for the packaging used in their operations. This in turn reduces the amount of packaging produced and the material going to landfill.
Failure to comply with these regulations undermines this purpose, and effects the UK’s ability to meet the EU Directive on Packaging Waste targets.
Evasion of the Regulations impacts on the Environment Agency’s ability to regulate, through the evasion of fees and charges.
The offences impact upon the industry itself, as the company has been able to trade at a financial advantage compared to its competition. The deadline set by the Regulations allows the Agency to monitor the number of obligated businesses and the tonnages of recycled and recovered packaging waste throughout the previous calendar year. These figures are required to ensure that the UK is meeting its recovery and recycling targets set by the EU Directive on Packaging Waste.
Further information: https://www.gov.uk/guidance/packaging-producer-responsibilities#check-if-youre-an-obligated-packaging-producer
Birmingham Botanical Gardens
Open to the public in 1832, Birmingham Botanical Gardens is a uniquely biodiverse natural environment and one of the UK’s most significant historic Botanic Gardens (Grade II*). The stunning natural Gardens and iconic Glasshouses occupy 15 acres in a Conservation Area and are part of Birmingham’s richly diverse cultural history and way of life.