Defra has confirmed that it made a mistake when amending its producer responsibility regulations for packaging with regards to glass and has said it is taking action to address the issue. The regulations will be amended to include the correct formula to calculate glass remelt obligations. Under the regulations, obligated businesses must ensure that 81% of all glass packaging placed on the market is recycled until 2017. And, at least 63% of this obligation must be met by sending glass to remelt applications as opposed to aggregates. This is how performance is calculated on the Environment Agency’s National Packaging Waste Database. However, the amended regulations incorrectly state that 63% of all glass packaging must be sent to remelt applications – which would require a greater proportion of material to be sent to remelt. The mistake was highlighted in a letter to producers by Simon Dawes, head of the recycling team at the Department for Environment, Food and Rural Affairs (Defra). In the letter Mr Dawes said Defra was taking action to amend the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012, which came into force in December 2012. The correct formula for the calculation of the glass remelt obligation is: L x B x Y x W = G. Where: Y is the recycling target for glass as prescribed in paragraph 6 of Schedule 2; L is the tonnage of glass handled in the previous year; B is the percentage obligation for that class of producer as specified in paragraph 3(4) of Schedule 2; W is the re-melt target for glass in that year (63% for 2013) as specified in paragraph 3(6A) of Schedule 2. He said: “I am writing to draw your attention to an error contained within the above 2012 amending Regulations. This relates to the formula set down for calculation of the proportion of a producer’s total glass obligation which must be met by PRNs/PERNs from remelt applications (i.e. the ‘glass remelt obligation’). The Government’s policy and intention remain that, in 2013, this should be 63% of a producer’s total glass recycling obligation; the incorrect formula contained in the Regulations yields a higher remelt obligation than the intended 63%." Defra added that that, until such time as the formula has been corrected in the Regulations, compliance schemes and producers will be expected by the Environment Agency to achieve the remelt obligation as calculated by National Packaging Waste Database (NPWD). The letter adds that the Agency will seek to enforce compliance with the remelt obligation as calculated by the NPWD. Mr Dawes said: “I would also like to take the opportunity to clarify that the glass remelt obligation does not apply to those producers that use the allocation method to calculate their packaging recycling obligation. This is in line with Government policy to minimise burdens on smaller businesses.”
