The Department for Environment, Food and Rural Affairs (Defra), has confirmed that it made a mistake when amending its producer responsibility regulations for packaging with regards to glass.

In a letter to producers (dated 26 February), Defra highlighted that a mistake was made relating to the formula needed to assess the proportion of a producer’s total glass obligation. It is now ‘taking action’ to amend the Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations 2012, which came into force in December 2012.

‘Higher recycling targets’

In November 2012, it was agreed in Parliament that from January 2013 to 2017 new regulations would be put in place for higher recycling targets for plastics, aluminium, steel and glass, which would also be subject to split targets (for aggregate and remelt) for the first time.

Under these regulations, obligated businesses must ensure 81 per cent of all glass packaging placed on the market is recycled by 2017.

At least 63 per cent of this obligation must be met by sending glass to remelt applications as apposed to aggregates.

According to the draft regulations, producers would have to calculate the amount of glass to be remelted through the following equation: L x B x W = G, where ‘L’ is the amount to the nearest tonne of the glass (whether in the form of packaging or packaging materials) handled in Great Britain by the producer in the preceding year; ‘B’ is the percentage prescribed in relation to the class of producer; and ‘W’ is the percentage prescribed as the recycling by re-melt target for the relevant year (with ‘G’ being the total).

However, it has now come to light that this in fact is incorrect.

Correct formulation 'L x B x Y x W = G’

Writing in the letter to producers, Simon Dawes, Head of the recycling team at Defra said: ‘I am writing to draw your attention to an error contained within the above 2012 amending Regulations. This related 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 per cent of a producer’s total glass recycling obligation; the incorrect formula contained in the Regulations yields a higher remelt obligation than the intended 63 per cent’ he explained.

‘For the avoidance of doubt, the correct formula for calculation of the glass remelt obligation (G) is: L x B x Y x W = G’.

Where:

• 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
• Y is the recycling target for glass as prescribed in paragraph 6 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.

“An embarrassing mistake”

Compliance consultant 360 Environmental, has said that Defra’s mistake effectively inflated the glass melt target by around a quarter with Director Phil Conran, calling the incident an “embarrassing mistake”.

He added: “I don’t think people realised the regulations had wrongly been put forward. So no one was unduly worried because everybody had just assumed that the system was to operate the way it has already been envisaged.”

Defra has said that the EA will be publishing a statement to clarify its position on the error, and confirming it will be enforcing the glass remelt obligation as calculated by the NPWD, rather than the previous formula.

Obligated parties will be expected to comply with the NPWD until the formula can be corrected, the letter added.

Read Defra’s letter to producers.