Wrights Pies (Shelton) Ltd Weston Road Crewe CW1 6XQ

EPR Application Document & BAT Assessment CL1001

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Wrights Food Group CL1001

Table of Contents page

Part A – Application Forms 3

• Application Form Part A

• Application Form Part B2

• Application Form Part B3

• Application Form Part F1

Part B - Non-Technical Summary 4

Part C - Process Description 6

Part D - Section 1: Managing Your Activities 10

1.1 Accident Management 10

1.2 Energy Efficiency 13

1.3 Efficient Use of Raw Materials and Water 14

1.4 Avoidance, Recovery and Disposal of Waste 15

Part E - Section 2: Operations 16

2.1 Operating Techniques 16

2.2 Process Control 19

2.3 Raw Materials Preparation 20

2.4 Heat Processing Using Steam or Water 21

2.5 Cooling, Chilling, Freezing and Freeze Drying 22

2.6 Separation and Concentration of Food Components – Extraction 23

2.7 Cleaning and Sanitation 24

Part F - Section 3: Emissions and Monitoring 25

3.1 Point Source Emissions 25

3.2 Fugitive Emissions 26

3.3 Odour 27

3.4 Monitoring 28

Part G - Supporting Documentation 29

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Wrights Food Group CL1001 Part A - Application Forms

The following application forms are attached with this document and are appropriate to the type of application being made.

• Application Form Part A • Application Form Part B2 • Application Form Part B3 • Application Form Part F1

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Wrights Food Group CL1001

Part B - Non-Technical Summary Overview of the Scope of the Variation

This environmental permit application is for (Shelton Ltd) located in Crewe. The installation occupies an area of approximately 7.86 acres and is designed to produce savoury products, ready meals, confectionary and bread of all varieties which are distributed throughout the UK/EU and worldwide. The finished product capacity at the site is approximately 85 tonnes per day.

Other activities on site include refrigeration, freezing, chilling of products and the generation of steam from natural gas boilers, which supply the site energy cooking processes and cleaning and technical backup services.

There are a number of air and surface water emission points at the site. There are no direct surface water emissions to groundwater or surface water bodies. Instead, the wastewater from the site is released to sewer following treatment in an on-site effluent treatment plant. Wrights has a United Utilities discharge consent and undertakes regular monitoring of the wastewater to ensure compliance.

The permit application is for the following scheduled activity:

• Section 6.8 Part A(1)(d)(iii)

Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food or feed (where the weight f the finished product excludes packaging) –

(ii)animal and vegetable raw materials (other than milk only), both in combined and separate products, with a finished product production capacity in tonnes per day greater than-

(aa) 75 if A is equal to 10 or more

Application Content

This document has been compiled using the Environment Agency’s ‘The Food and Drink Sector (EPR 6.10)’ guidance document in relation to environmental permits.

In order to satisfy the requirements of the Environment Agency (EA) such that an Environment permit can be granted, the permit application includes the following documents and assessments:

• EA application forms A, B2, B3 and F1 • Site plans (Section G) • A Site Condition / Baseline Report (CL1002) • A H1 environmental risk assessment (CL1003) • Detailed Air Dispersion Modelling (CL1004) • Other supporting information (e.g. process descriptions, accident risk assessment, raw materials inventory)

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Wrights Food Group CL1001

This application is being made in accordance with the Environmental Permitting Regulations and using the relevant available Environment Agency tools and guidance documents.

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Wrights Food Group CL1001

0 Part C - Process Description

Overview

Wrights is a privately-owned business, with a manufacturing facility located in Crewe. The site occupies an area of approximately 7.86 acres. The installation is designed to produce savoury, ready meals, confectionary and bread of all varieties which are distributed throughout the UK/EU and worldwide.

Other activities on site include refrigeration, freezing, chilling of products and the generation of steam from natural gas boilers, which supply the site energy cooking processes and cleaning and technical backup services.

A site location and a site layout plan are included in the Site Condition/Baseline Report (Ref. CL1002).

Process Descriptions

Cooking and Baking

The cooking processes that are undertaken on-site involve the use of a steam injection vessel either pressurised or atmospheric. The product in the vessel are cooked to the required temperature and cooled before being used on the production lines.

Ready Meals are produced within a BCH (Rochdale Ltd) cooking vessel and then transferred to the various process lines. A Pro-seal line produces the finished product in C pet (Trays) ready to heat and eat. Multivac machinery produces product in pouches ready to heat and eat. All the ready meal products are spiral frozen and packaged in spiral 3 packaging hall for distribution to customers.

The baking of products is undertaken for baked distribution. Baking of product is based from a low care environment through the oven into high risk and high care areas. In these areas the product is cooled using air cooling tunnels and then moved into blast chilling. All products are chilled within four hours of baking to comply with food safety guidelines. Fresh baked or frozen baked products are dispatched to wholesale shop or third-party distributors.

The production of bread is carried out in the cake factory, Vmi plantry mixers, mix the required recipe and then the dough is transferred to the konig forming plant. Here, the dough is rested and shaped to the required bread shape (e.g. rolls, baps). The moulded product is then placed on trays and transferred to proofers which are supplied from Mive. The proofer stage is completed under temperature and humidity controls and this takes about six hours to complete. After this, the product is transferred to the deck oven. Baked and then cooled ready for packaging and dispatch

Confectionary products are produced in multi machinery, ranging from small range kitchen machinery to industrial sized machines. In some of the process’s, product is decorated by hand. Once formed the products are packed either through flow wrapping or boxed either at ambient temperature or frozen.

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Wrights Food Group CL1001

There are two flour silo’s on site and they both have a maximum capacity of 30 tonne. The two silos hold different types of flour. One has puff flour and the second has Golden Dawn. The silos are fitted with high level alarms (internal and external). The flour comes from ACM (Air Compressor Management) and a standard operating procedure is in place to ensure the silos are not overfilled during delivers.

Metal and X ray detection is undertaken for protection against foreign objects that have the potential to cause harm. The system looks for ferrous, non-ferrous, plastic, stone objects.

Directly Associated Activities

Packaging

There are a number of packaging areas located across the site. They are:

1. Spiral 1 packaging - this is for sausage rolls. 2. Spiral 2 packaging – this is for and slices. 3. Spiral 3 packaging – this is for ready meals and some finished baked products. 4. Spiral 4 packaging – this is for pies 5. Spiral 5 packing – this is for various different cakes and frozen products

In the packaging areas all products are placed into boxes and sealed and then palletised and sent to the distribution facility.

Packaging materials are delivered to the dry goods warehouse and stored there until required (1600 item storage capacity). Packaging comprises cardboard, plastic, cans, foils and plastic bottles. Call offs occur from the different factories, depending upon what is required, and the packing is transported to the required factory by a forklift truck. Once packed products are transferred to cold store or wholesale distribution.

There is a standard operating procedure in place at the site for packaging and all staff are fully trained. No waste is generated from the packaging process.

Refrigeration

The site operates various refrigeration units that supply the process equipment. Refrigeration systems are part of a service contract with Brooktherm Refrigeration and EJM Refrigeration. The service contract involves 5 main visits (big plant) and 26 minor visits (small plant).

The ammonia-based system is for spiral freezing and frozen distribution storage and are also under service contract and all details are kept on the equipment list F gas inventory log.

Cleaning in Place

Cleaning in Place is undertaken at the site and the process is designed to comply with food safety standards. There are standard operating procedures in place for CIP and full cleaning records are maintained

Effluent Treatment Plant

Effluent treatment is undertaken onsite through a DAF process plant. The plant capacity is a maximum of 2m3 per hour. The process is automated, and the facility is located on

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Wrights Food Group CL1001 hardstanding. Wastewater from the factories is collected in a balancing tank, then pumped through a sieve, black water tank and DAF. The site has a discharge consent in place with Untied Utilities. During the process the conductivity is monitored, and chemicals are dosed accordingly to bring the levels discharge to sewer to concentrations below the discharge consent. This process is monitored on a daily basis by trained competent staff and is verified by ESS (effluent site service) who are the service contractor for the site. ESS complete regular sampling and analysis on the wastewater. United Utilities also complete their own checks to ensure compliance.

Chemical dosing substances are stored in IBCs on hardstanding in the location of the effluent treatment plant (ETP). Chemicals replenished as necessary and volumes monitored on a daily basis. Chemicals comprise acids, alkaline, coagulant, polymer and antifoam. An interceptor is present in the chemical storage area.

Sludge is collected in a sludge tank and this is emptied on regular basis by Envirocare. High level alarms are present on the sludge tank to prevent overflowing.

Daily visual inspections are undertaken of the ETP tanks by fully trained staff to identify any integrity issues. Manual checks of probes etc are also undertaken on daily basis. Equipment is calibrated (probes) on a regular basis (probes – daily) and annual basis.

In house monitoring of the wastewater is also completed on a daily basis by fully qualified/trained site personnel for quality checks and dosing adjustments made as and when required. Also, to check for blockages.

Interceptors on site are all on contract cleans with Envirocare. Main interceptors are on a two- week inspection schedule and yard interceptors are on a three-monthly clean.

Vehicle washing is under on site and there are five jet washing stations. High pressure jets clean with cleaning detergent and hot water and all associated wastewater is collected in the interceptors present under the hardstanding yard. This activity falls under consent to discharge through United Utilities

Waste

A number of waste streams are derived from the on-site processes. Wastes include cardboard, metal and food. There are designated areas for all waste streams on a hardstanding yard where all drains run to interceptors.

Waste, cardboard is compacted and bailed ready for monthly collection. Metal is transferred to can crushing area and moved into 40-yard skip for regular collection as an when required. General waste is compacted. Food waste is moved from the factory into a 40-yard skip, one trim for animal processing and general food waste.

All waste streams are collected by a licensed waste carrier.

Compressed Air

Compressed air is used on site for the operation of machinery in the cake factory and the factory. Hydrovane Screw Air Compressors with dryers (to remove moisture from the air) are used on site. There is a constant process turn on and off dependent on pressure. All

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Wrights Food Group CL1001 compressors are part of a service contract which is external managed by ACM (Air Compressor Management) who complete checks every three months.

Re-Fuelling

Underground fuel storage is present on site. Fuel types comprise white diesel, red diesel and AdBlue.

The diesel tank is a 40,000-litre tank stored underground in the hardstanding yard of the savoury site. The diesel tank has its own interceptor, and this is inspected by Envirocare every three months and emptied as and when required. The diesel overspill interceptor does not discharge to sewer.

Red diesel is used for on-site vehicle washers and cleaning washers for the food waste area. The red diesel is stored in 2 locations; 5000 litre bunded tank on the hardstanding yard of the Savoury site and a 1500 litre bunded tank on the hard standing cake factory rear

The fuel tanks are re-filled by tanker as and when required. A standard operating procedure is in place for this activity.

The fuel storage areas are washed down on regular basis.

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Wrights Food Group CL1001

Part D - Section 1 – Managing your Activities

1.1. Accident Management

Environmental Management System

Wrights has procedures and systems in place to systematically identify hazards, assess the associated risk and determine necessary control measures across its operations and in relation to the Environment, Health and Safety. The site has an Environmental Management System in place (a copy is provided in Section G) and this is regularly reviewed internally to ensure ongoing continual improvement.

The operation of the HSE Management System and the sites performance is monitored by a framework set out in the management programme encompassing:

• Objectives and targets which are set and regularly reviewed

• A series of internal and external audits

• A set of regular review meetings which are reported to main management

• Monthly status reports which are collated and analysed

Wrights ensures that appropriate communications and consultation with the workforce is undertaken. This is undertaken via departmental meetings, involvement in accident investigations, being advised on matters concerning the Health and Safety of employees and undertaking workplace inspections. Safety Representatives are accorded all rights as set out in the Code of Practice on Safety Representatives as approved by the HSE and employee representatives.

The site conducts a safety induction programme for all new employees on starting work. Department and job specific training is conducted on the job by the operating department. A training plan for each individual will be created to follow after basic induction. Training and competence are closely managed through Learning and Development. All new starters are given an individual training plan which covers all training and re-training requirements throughout their employment on site. There are various training delivery routes, from leader training to computer-based and read-and-sign. It is expected that any personnel whose training drops below 100% must justify the reason for this to management.

The site utilises a mixture of leading and trailing performance indicators to monitor performance. Examples of these include:

• Environmental monitoring

• Audit, inspections and surveys

• Environmental complaints

• Consent compliance issues

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Accident Management

An accident risk assessment has been completed for the site and this considers the current site processes. This is presented in Table 1.

Table 1: Accident Risk Assessment

ACTIVITY RISK CONTROLS

Ammonia Spillage, Leak’s Safety Valve shut off, inspections Mechanical & electrical All drains run to interceptor failure Service contracts Brooktherm Refrigeration Gas discharge Service Contracts EJM Refrigeration Explosion Preventative Maintenance Fire Ammonia detection systems in all area’s Designated areas, explosion proof Authorised access only area

Water Spillage, leaks, Contamination Water Tanks Temperature monitoring and water quality done in house, Contractors Feedwater and Holchem Softened water for hygiene and cooling Towers Contractors and in-house maintenance Level control probes Water meter control for dosing systems Authorised access only area

Flour Explosion, Leaks, Dust air born Line over pressurise safety Electrical & mechanical Earthed line and silo’s failure Competent trained staff Explosion Preventative Maintenance Fire Authorised access only area

Fuel Spillage, leaks, hose splits Under ground tank leak to interceptor Fire Merridale diesel controlled contractor filling Tank Punch hard standing yard Barrier protection Spill kits Competent trained staff Fuel level indication

Oil’s & Greases Spillages, leaks, Human Competent trained staff crashes Chemical dosing system to dilute Spill Kits Interceptor oil & grease collection traps, emptied every 2 weeks by Envirocare Forklift service agreement, Still handling

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Wrights Food Group CL1001

Refrigeration Leaks, spillages, contamination, HP & LP controlled refrigeration for safety Oil’s & grease Temperature control from local room location Temperature loss Calibrated temperature and monitoring of all refrigeration freezers and chiller is undertaken through Brooktherm refrigeration and Eclipse monitor software

Effluent Overflowing High Level controls to prevent overflow Make up of discharge from factory Spill kits Leaks Alarm system for high levels within tanks Spillages Authorised access only area Mechanical failure Competent trained staff Electrical failure

Cooling Towers High Level controls to prevent overflow Overflowing Spill kits Leaks Alarm system for high levels within tanks Spillages Authorised access only area Mechanical failure Competent trained staff Electrical failure

Raw Materials Transport Forklift truck trained operatives Spillages Hard standing yard throughout Leak designated collection and drop off areas

Jet Washer spillages Designated area Leaks Interceptor Diesel Bunded diesel tanks Detergent Maintenance including burners Freezing Trace heating for water lines Fumes

Ovens Heat Designated area, ventilated Spillages Oven drains for wash down to main interceptor Fire Service contract agreement Acrivarn Extraction fumes Cleaning schedule Auto extraction shut off event of fire Maintenance schedule Calibration of temperature probe

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Wrights Food Group CL1001 Part D - Section 1 – Managing your Activities

1.2 Energy Efficiency

1.3 The1.2. current consumption of electricity across the site is 22,657,714 kw/h. 1.3. The main activities on site that consume the most energy is cooking and the ammonia-based refrigeration system. The system includes spiral freezer and a coldstore distribution centre, the demand from each system varies. The systems spiral freezing plant have a freezing capability of minus 40 to minus 48 degrees centigrade, this is due to load demand when product goes through the spiral belt. The coldstore temperature is constantly maintained at - 19 degrees centigrade, where finished goods are stored ready for distribution.

The BCH cooking process requires the generation of steam at 3.5 tonne per hour. The cooking vessels vary in size from batch weight 500 - 1000 kg. These vessels are steam jacket, and all require a minimum of 375kg of steam per hour to ensure the cook achieve the require temperature of 85 degrees centigrade as per food safety standard. Within the process the product is cooled down using a vacuum venture system, established and designed by BCH to remove heat from the product down below 10 deg centigrade

All measures are taken by the company to ensure the site is as efficient as possible. This has been through ensuring that all equipment is to the highest available energy saving standard through build quality, electricity reduction using invertor drives for motors, low voltage where possible.

The site operates under a Climate Change Levy Agreement. This scheme requires close energy management, energy efficiency plans and strict carbon reduction target setting in order to meet the requirements. A copy of the certificate is included in Section G. Resource and energy management is monitored on site and targets are generated annual supported by energy reduction schemes to reduce gas, electricity and water reported via a corporate and social responsibility annual report.

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Wrights Food Group CL1001

Part D - Section 1 Managing Your Activities

1.4 Efficient Use of Raw Materials and Water

Raw Materials

The raw material inventory for all site processes is provided in the Site Condition Report (CL1002) and this contains details of the volumes and storage arrangements. An assessment of the potential environmental impacts of the raw materials is also included within the Site Condition Report (CL1002).

The selection of the primary raw materials (i.e. the foodstuff ingredients) is fixed by the requirements of the products that are produced on site.

Where possible all measures are taken on to reduce the impact of raw materials to the environment. The site has to ensure that all activities conform to Food Standards, which are audit every year to BRC (British retail Consortium) requirements.

Water Use

Water usage on site is estimate as being 222.62m3/day. The mains water source is supplied by Water plus to all site. The site operators through three different methods of supply, softened water from main through softeners is store in a 20,000 litre tank and is used in all CIP systems, raw water from mains is store in a 40,000 itre tank at the savoury factory and a 20,000 litre tank in the confectionary factory. Process water for all cooking is straight from the mains water source.

Water accross are site is not used twice, this is due to food stafety, ensuring no cross contamination happens to th products.

The boilers work on a condensate return system. The water is delivered to the factory above 62 deg centigarde and the return temperature is 45 deg centigrade; this helps with the efficency, reducing the extra engery to warm water from the mains.

Water has to be used and discarded in the cooking and cleaning proceess, as the use of chemicals is required to ensure cross contanimation does not happen. This is part of the sites standard operating procedures which are generated to ensure food safety is maintained.

Cooling towers are in place for cooling refrigeratoion system and cooking venture cooling. The system works on a closed loop system and is toped up as an when through a float system. The evapoation of water happens when passed over the coils of the cooling tower so depend usage all depends demand.

Cooling tower systems are feed from the softened water, and are checked weekly in house and on a monthly basis by Feedwater Ltd. Feedwater are an L8 legionella approved company and are on an annual rolling contract and ensure the business complies the current legislation

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Wrights Food Group CL1001

Part D - Section 1 – Managing your Activities

1.4 Avoidance, Recovery and Disposal of Waste

Envirocare are the main contractor for removal of effluent waste and sludge from the on-site interceptors every two weeks.

The jet washer interceptor is on a three-month empty schedule through Envirocare.

Pointens collect the food waste (up to 10 tonnes per week), disposable food waste, trim in separator to general food waste. Trim is reused for farms and animal feed.

A compactor is present on site which is used for general waste. 40-yard skips are collected three times per week.

Metal waste is compacted and put into a waste metal skip which is collected as an when required by Pointens.

Cardboard waste generated is collected once a month. The cardboard is compacted into bail and stored in designated location on hardstanding.

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Wrights Food Group CL1001

Part E - Section 2 – Operations 2.1 Operating Techniques

Table 2 lists the operating techniques and associated controls which are currently in place at the site.

Table 2: Operating Techniques and Controls

Operating Techniques Controls

BCH Cooking & Cooling Vessel’s Water Flow Meter for recipe requirements Temperature measurements (calibrated) Extraction system, excessive steam Product guidance recipes Computer generate programs to reduce time energy Trained competent staff Maintenance schedule

Spiral Refrigeration System Service contracts, 8 Major visits and 26 Minor (Ammonia) Ammonia level control Ammonia leak detection system, (shuts plant down) Calibrated Temperature and pressure monitoring (calibrated annually) Planned Preventative maintenance Schedule Trained competent staff Shelf life of product increased with this process

Steam Generation (Boilers) Extraction, exhaust flu’s Pressured steam to 7 bar, safety relief fitted Boiler Insurance and inspection HSB Houghton’s Steam inject clarifiers for hot water Water tanks feeding boilers steam 2 off 20 thousand across site Planned Preventative maintenance Schedule Trained competent staff

Ovens deck/ rotary Baking of product as required through producing plan Temperature control probe and verification (calibrated) SOP for bake profile Extraction System Gas safety Service contract and support Acrivarn Planned Preventative maintenance Schedule Trained competent staff Product guidance recipes

Flour Silos 2 off 30-ton flour silos, puff pastry, Golden Dawn Blow feed system to weigh head Calibrated Weigh station, amount off flour to recipe Pressure relief blowers in case of blockages

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Wrights Food Group CL1001

Planned Preventative maintenance Schedule Trained competent staff

Waste Disposal Cardboard compacting (Recycled), metal can crushing (Recycled), Food waste 3 off 40 yard, pie waste, trim, cake Recycled and disposal

Rademaker Pie Line Pie making line consist of blocker and lidder with closed loop Temperature heating system to assist with making. Depositor for product delivery Planned Preventative maintenance Schedule Trained competent staff

Fritsch Laminating Lines 4 off Fritsch line for producing, pasties, lattice, lids, slices Controlled dough level sensors for required thickness. These lines are all built to mechanical and electrically to ensure efficiency is kept to a minimum VF system for delivering filling (controlled weights) Planned Preventative maintenance Schedule Trained competent staff

Fryer/ Proving Belshaw line for the production of doughnuts Mive Proofing for bread Proofer to allow yeast in product to prove Controlled humidity and heat levels within proofer, calibrated Controlled oil level maintained, weir system Fire suppression system, in the event of fire (calibrated) Cooling conveyor of product Planned Preventative maintenance Schedule Trained competent staff

Mixing Mixing of pastry and product ingredients. Various application includes spiral mixer, paddle mixer, beater mixer, vacuum forming delivery mixers. Planned Preventative maintenance Schedule Trained competent staff SOP, Product guidance recipes

Ready Meal production Line Designated line for the production of meals use the following machinery, Pro-seal and Multivac. Pro-seal produces the meal in tray (ready Meal) and the Multivac works on the principle of pouch ready to eat meals. Both lines require depositor to delivery correct volume of product Both systems have heat sealing to close the product Planned Preventative maintenance Schedule Trained competent staff

Raw Materials IN/OUT Designated Area for all deliveries Factory call of procedure Computerised system, handheld for scanning

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Wrights Food Group CL1001

Frozen distribution centre, -20 degrees 5 of ammonia-based system control temperature. Ammonia detection system (calibrated) shuts plant down Planned Preventative maintenance Schedule Trained competent staff Customer based delivery ordering Troops system

Packing Halls Designated areas, Spiral 1, Spiral 2, Spiral 3, Spiral 4 and confectionary Case sealing machine for box sealing of finished product Carousal packaging belts for operators to load required product Planned Preventative maintenance Schedule Trained competent staff

Metal Detection/ Xray Metal detection and xray system are used to check for metal, wood, plastic, glass etc contamination of all product leaving the facility Metal detection calibration undertaken on a daily basis internal through our grade A and verified by quality department. Annual calibration is done by an outside contractor Loma Systems to comply with the food safety standards X ray system are checked on a daily basis by the grade A and quality Weekly check for Radiation levels are done and annual verified by outside contractor Loma Systems

New Product Innovation Development kitchen and innovation suite coupled with a team of high trained chefs, produce new recipe, bespoke limited edition product, seasonal variation

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Wrights Food Group CL1001

Part E -Section 2 – Operations

2.2 Process Control

Temperature monitoring of freezer and chillers is record on a daily basis, comply with food safety standards. The monitoring system used is an eclipse temperature system with individual temperature probes feeding back to a central hub to record. These probes are calibrated annually to ensure conformity to the standards

Cooking and cooling vessels have temperature control probes and are also calibrated annually. The flow of water to the vessel are also controlled by inline meter to ensure the correct quantity is delivered at all time, this reducing the energy and most important product quality.

Key performance indicators are used widely throughout the business to evaluate the success of the organisation or of a particular activity (such as projects, programs, products and other initiatives) in which it engages.

Effluent treatment monitoring is undertaken on a daily basis by trained competent staff, ensuring and recording the level. Service contracts are in place with ESS Effluent Site Services. They conduct monthly inspections and maintenance of plant and quarterly sampling. The site has a United Utilities discharge consent and they conduct their own checks on the effluent on a regular basis to ensure ongoing compliance.

Metal detection and X ray system are used to ensure the quality of the finished product, to prevent any foreign body arriving at the customer. These systems are checked every hour by trained competent staff with equipment that complies with food safety standards. All equipment is under a service calibration contract with LOAM system who undertaken calibration on an annual basis.

Baking of products are undertaken using Acrivarn and Tom Chandley ovens. The ovens are natural gas fire and are capable of achieving maximum temperature of 300 deg centigrade. Bake profile calibration is completed in house with measurement tools. Trained competent staff ensure the product is on the correct recipe for each individual item and work with an in- house 5s picture system which shows the correct bake profile. The ovens are also under service contract and calibration and balancing are completed on an annual basis.

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Wrights Food Group CL1001

Part E -Section 2 – Operations

2.3 Raw Materials Preparation

Raw materials preparation activities undertaken at the site comprise: sorting, screening, sieving of powdered materials and dicing of meat through trief dicing machines.

Raw materials onion, carrots, potatoes etc are bought into the business pre sliced and then are put through the sorting process to remove the potential of cross contamination and remove any foreign body.

Dicing of meat through trief dicing machine is undertaken on site. Meat is delivered to site in 16 kg diced chunks in various sizes (25mm/15mm) and this is put through the sorting process and then through the dicer to the produce the require meat size process. This machine does not use water cooling through this process. All waste is deposed through Browns Waste Handling.

Sieving on site is undertaken through a 2mm screen these units are equipped the air flow vacuum atex rate cleaners. This removes an odour dust given from the process.

Standard operating procedures are in place for raw materials preparation and all staff are fully trained. This reduces product loss.

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Wrights Food Group CL1001

Part E -Section 2 – Operations

2.4 Heat Processing Using Steam or Water

The boilers produce 2 tonnes of steam per hour. The boilers are used for hot water generation through clarifiers, 70 degs centigrade delivery and 45 degs centigrade return, for all CIP system within the factory and office heater through heat exchanger.

BCH cooking and cooling process for food are supplied by BCH. Tthey are a steam jacketed vessel with condensate returns. The vessel cooks the product up to the requires cooking temperature, the process ensure temperature goes above 85 deg centigrade and then can cool down to 10 deg centigrade or lower. This is done by a vacuum steam venture system; vacuum pulls the steam / heat from the product by introducing a cooling medium and the influence of system injection cools the product. There are no odour releases during this process

An Acrivarn oven is used to bake the product. This oven ranges in temperature from 180 - 250 deg centigrade and exhausts the residual heat through a stack. The associated odour release has been reviewed and determined not to be harmful.

A Belshaw fryer is used for the drying process. Filter and duct work clean are undertaken and reviewed on a regular basis by an outside contractor (FFT- Freudenberg Filtration Technologies UK Limited

) to ensure the duct work has no potential of giving of odour and help with insurance. The oil in the fryer is heated to 185 deg centigrade.

FSE (Fire safety systems Ltd) fire suppression systems are fitted to designated frying appliances. The systems are a chemical water mist discard in the event of fire and can be automatically operated or manually fired. These are serviced in compliance with industrial standards annually by FSE fire suppression service.

The site does not have sprinkler system.

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Part E -Section 2 – Operations

2.5 Cooling, Chilling, freezing and Freeze Drying

BCH cooling systems use a cooling recirculation system. This system cools the vacuum pumps which is removing temperature from our product to comply with food standards for cooking and cooling.

The system is regularly maintained and there are no contaminations or emission potential transfer from the system.

The cooling towers all work on a closed loop system, by pumping water through the heat exchanger / coil to remove residual heat from the process.

Ammonia based systems all drain to the on-site interceptors.

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Part E -Section 2 – Operations

2.6 Separation and Concentration of Food Components - Extraction

The process is not relevant to this site.

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Part E -Section 2 – Operations

2.7 Cleaning and Sanitation

Spiral CIP cleaning systems are undertaken on site to clean coils belt and all wastewater is discharged to interceptor.

BCH CIP cleaning system of vessel associated pipework is undertaken on site. This process involves the use of water and chemicals which cannot be reused so are directly discharge to the on-site drainage system. The catchment in the drain collects all solids that are removed during the process. The process itself involves the use of a high-pressure CIP system that cleans the vessel and all pipework through jets.

Dry clean is undertaken throughout on site to remove flour on the Fritsch lines, this minimises energy and water usage. The hovers used are all atex rate, the waste is sent to the waste processing area for collection by a licensed waste carrier.

Production lines are fitted with take-off belts/trays to return to the process where possible to reduce cost of disposal in turn reducing energy required. The trim is reworked to a required percentage to ensure that product quality is maintained.

Oven cleaning is carried out during the weekend shut down. The process involves the use of chemical cleaning products. The ovens are cooled, cleaned throughout and left to dry in a well-ventilated area. This helps prevent a flash of chemicals when the ovens are started after shutdown and also prevents the possible contamination to products.

Dyno rod carry out internal drain cleaning to ensure protection against blockages, back feed and to prevent cross contamination. This also prevents the potential of flooding. All drains have catchment pans to collect solids. The solids are gathered from the sieves and discharge through the food waste stream. Waste skips are collected twice a week by Pointon’s, and the waste is either recycled or disposed of.

Factory floors are cleaned on a regular basis and tilt and resin inspection are done constantly to ensure water waste doesn’t penetrate the floor. The floors are all concrete with a polymer resin base sealed and tiles laid with resin and silica sand barrier to give a second layout of water protection.

Cooling tower cleans are undertaken by Feedwater, who are contracted to look after service and remove the possibility of legionella. This involves the disinfection of system and internal inspection, drift eliminators, pack condition and is documented.

Yard clean downs are mostly carried out around the waste disposal area and involve the use of excel chemical and hot jet washed water. These areas all run into their own interceptor and discharge of consents are in place through United Utilities.

The clean processes are a requirement to ensure food safety. All clean processes are monitored through usage of water and chemicals, which are regularly checked and any deviation from consent to discharge are highlighted by United Utilities.

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Part F -Section 3 – Emissions and Monitoring

3.1 Point Source Emissions

Point Source Emissions to Air

A number of point source emissions to air exist on the site. The location of these are shown in Appendix A in CL1003. A H1 assessment has been undertaken for the air emissions and detailed air dispersion modelling (ADMS). These assessments are presented in CL1003 and CL1004 respectively. The ADMS identified that predicted emissions of NO2, NOx and CO at all modelled human health and ecological receptors under the current operational parameters do not exceed the respective significance thresholds and subsequently also do not present concentrations in excess of air quality standards.

Therefore, based on the assessment undertaken the emissions associated with the air emissions at the site are considered to present an insignificant impact to the environment.

Point Source Emissions to Water

There are currently no direct wastewater emissions to groundwater or surface water bodies from the site. All wastewater from existing on-site processes is sent to an on-site ETP through the on-site drainage system for treatment via a DAF plant prior to release to sewer via a United Utilities discharge consent. The wastewater is monitored on a daily basis by site personal and regularly by United Utilities to ensure ongoing compliance.

Sludge is collected in a sludge tank and this is emptied on regular basis by Envirocare. High level alarms are present on the sludge tank to prevent overflowing.

Wastewater emission points are shown in Appendix A in CL1003

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Wrights Food Group CL1001

Part F -Section 3 – Emissions and Monitoring New Process 3.2 Fugitive Emissions

Potential fugitive emissions associated with the on-site processes could include:

• Refrigerants from chilling and freezing equipment • Loss of feedwater from cooling towers

Several systems are in place at the site in order to prevent/minimise fugitive emissions. These include:

• Maintenance schedule – involving regular inspection of pipework joints, seal, gaskets in the refrigeration equipment. • Ammonia detection system are included in the refrigeration systems which shut the plant down if a leak is detected. • Standard operating procedures which all site personnel must adhere to. • Trained staff.

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Wrights Food Group CL1001

Part F - Section 3 – Emissions and Monitoring

3.3 Odour

An odour management plan is in place for the site and copy of this is included in in Section G.

There is also a procedure in place for dealing with any odour complaints. A copy of the odour complaints form is included in Section G.

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Wrights Food Group CL1001

Part F - Section 3 – Emissions and Monitoring w 3.4 Monitoring

Monitoring of wastewater prior to release to sewer is undertaken as follows:

• In house daily check on effluent plant discharge include meter readings. • United Utilities monitoring every two weeks. • ESS (the service contractor) complete routine monitoring checks.

The above monitoring is undertaken to ensure compliance with the UU discharge consent.

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Wrights Food Group CL1001 odoPart G - Supporting Documentation

Environmental Management System

Climate Change Levey Agreement

Odour Management Plan & Complaints Form

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Wrights Food Group CL1001

Environmental Management System

30

Environmental Management System Summary

Environmental Management System Summary

1: Management System

Wrights Food Group Ltd has in place a Management system which oversees all contracts. Sets out the processes and procedure in place to implement compliance with the following standards, BRC, HACCP, FSDF, RSPO, ESOS, CCL, CCA. The manual is live document and is continually reviewed and updated as required by the food safety requirements

2: Environmental Management System

Wrights food group has in place an Environmental Management System. All site at Weston Road, First and Second Avenue will be operated under the EMS, which covers all contracts. All Wrights Employees have access to the EMS, and are expected to consider their environmental impact of all their activities and minimise any impacts where possible. Wrights are committed to minimising pollution to the environment as a result of its activities through monitoring performance and settings targets for improvement.

3: Environmental Policy

The Environmental management policy is governed by the companies’ environmental policy which describes our commitment to continual improvement of our environment, preventing the pollution and compliance with the legal and statutory requirements. The policy summarises how operations are managed and communicated through all contracts. It is considers the environmental impacts of all activities, services and the product used with Wright Food Group Ltd and our commitment to abiding by legal requirements. The environmental policy and EMS covers all our activities and services including procurement, maintenance and repairs, associated fleet and the associated waste management activates.

4: Implementation of EMS

An PFMEA register has been established as part of the EMS. This covers all operations at our sites and the maintenance contracts where aspects were identified and their impact assessed.

The EMS considers more than 300 environmental impacts from all of our operations and activities. These operations and activities include some of the following: • Storage of plant • Raw materials • Combustion

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• Waste and processing • Effluent Treatment • Refrigeration • Cleaning • Finished products

Environmental impacts considered from all of Wrights activities and operations include: • Noise • Air emissions • Odour Management • Potential pollution to watercourses, surface and ground water • Siltation and debris • Resources and material used • Disturbance of natural habitats • Waste Management

The bespoke Environmental Risk Assessment for the permitted activities

5: Audits and Changes to the Environmental Management System

Internal inspections and audits are carried out by our Health, Safety, Environmental and Technical team, who abide by an inspection and audit schedule. They complete site inspections and audits. They document findings and raise positive findings identify improvements actions, giving timescale to rectify these actions. The actions are then re assessed by the Technical Manager to ensure the improvement have been implemented

To highlight any concerns there is a Report system. Any environmental concerns or incident can be reported by any member of staff. Any complaints from the public nearby will also be raised and report through the reporting system. All environmental issues reported will be investigated and rectified by the management team.

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Wrights Food Group CL1001

Climate Change Levey Agreement

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10 May 2018 CCA Register Ref: CSDF/T00170-GEN-3

Wrights Pies Ltd Coldstore TU Identifier: CSDF/T00170

Weston Road Crewe Cheshire CW1 6XQ [email protected]

CLIMATE CHANGE AGREEMENTS SCHEME UNDERLYING AGREEMENT ACTIVATED

Dear Ian Hopwood

We are writing to inform Wrights Pies Ltd Coldstore (“you”) that your underlying agreement (“the agreement”) for the Climate Change Agreement scheme (“the scheme”) has been activated. This will now allow your target unit and the facilities listed within your agreement to qualify for the Climate Change Levy discount under Part IV of Schedule 6 to the Finance Act 2000 (as amended). The details below confirm the target unit and agreement to which this letter relates.

Target Unit: CSDF/T00170 – Wrights Pies Ltd Coldstore Weston Road Crewe Cheshire CW1 6XQ England Agreement Identifier: CSDF/T00170 v3

We will notify HMRC that this agreement has been activated for your target unit and the facilities named within it. You will be required to contact your energy supplier and notify them of this agreement to obtain your discount from the Climate Change Levy.

If you require any clarification of the above, please contact your sector association.

Yours faithfully

CCA Team

Page 1 of 2 Environment Agency, Richard Fairclough House, Knutsford Road, Latchford, Warrington, Cheshire, WA4 1HT Tel: 03708 506 506 c.c. Recipients: Chris Sturman - [email protected] Ian Hopwood - [email protected] Ian Hopwood - [email protected] Siobhán Gibbons - [email protected]

Page 2 of 2 Environment Agency, Richard Fairclough House, Knutsford Road, Latchford, Warrington, Cheshire, WA4 1HT Tel: 03708 506 506 UNDERLYING CLIMATE CHANGE AGREEMENT FOR THE COLD STORAGE SECTOR Agreement Dated: 10th day of May 2018 Agreement Identifier: CSDF/T00170 v3 TU Identifier: CSDF/T00170

THIS AGREEMENT is made on the 10th day of May 2018

BETWEEN:

(1) the Environment Agency (“the Administrator”); and

(2) the operator set out in Schedule 2 (“the Operator”)

RECITALS

(A) Section 30 of and Schedule 6 to the Finance Act 2000 (“the Act”) make provision for a tax known as the climate change levy (“the Levy”). The Levy is charged on the supply of taxable commodities as defined in paragraph 3 of Schedule 6 to the Finance Act 2000.

(B) Paragraphs 42(1)(ba) and 42(1)(c) of Schedule 6 to the Act provide that the amount payable by way of the Levy shall be discounted from the full rate where the supply is a reduced-rate supply. A reduced-rate supply is a taxable supply supplied to a facility specified in a certificate given by the Administrator to the Commissioners for Her Majesty’s Revenue and Customs as a facility which is covered by a climate change agreement for a period specified in the certificate in accordance with paragraphs 42 to 52F of Schedule 6 to the Act.

(C) A climate change agreement is defined in paragraph 46 of Schedule 6 to the Act. It may consist of a combination of agreements that falls within paragraph 48. A combination of agreements falls within paragraph 48 if a number of conditions are satisfied. The first condition is that the combination of agreements is a combination of an umbrella agreement and an agreement that, in relation to the umbrella agreement, is an underlying agreement.

(D) This agreement is an underlying agreement in relation to an umbrella agreement, entered into for the purposes of the reduced rate of Levy. It is not intended to give rise to contractual obligations between the parties.

(E) The facility or facilities set out in Schedule 4 to this agreement are a facility or facilities to which an agreement applies.

(F) The Operator is a representative of each facility to which this agreement applies, as defined in paragraph 47(2) of Schedule 6.

AGREED TERMS

IT IS AGREED as follows:

1. INTERPRETATION

1.1 In this Agreement, unless the context otherwise requires:

“account” means the account in the Register of a sector association or an operator;

“agreement” means an umbrella agreement or an underlying agreement;

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“base year” in respect of a target unit which does not include a greenfield facility means a 12 month period agreed between an operator and the administrator, ending prior to the date of an underlying agreement, for which data is supplied by an operator to the administrator prior to the operator entering into the underlying agreement;

“base year” in respect of a target unit which does include a greenfield facility means the 12 month period starting on the date of an underlying agreement”;

“buy-out fee” means the fee calculated in accordance with Rule 7;

“certification period” means, any of the following periods:

(a) 1st April 2013 to 30th June 2015;

(b) 1st July 2015 to 30th June 2017;

(c) 1st July 2017 to 30th June 2019;

(d) 1st July 2019 to 30th June 2021; or

(e) 1st July 2021 to 31st March 2023;

“charges” means charges due to the Administrator under the charging scheme;

“charging scheme” means the Climate Change Agreements Charges Scheme 2012 made by the Administrator or any replacement or revision of that charging scheme;

“emissions” means the total emissions in tCO2 equivalent for a target period;

“EU ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC, as amended from time to time;1

“facility” means a facility within the meaning of paragraph 50(2) to (6) of Schedule 6 to the Act;

“facility number” means the unique identification number of a facility set out in schedule 6 of this Agreement;

“greenfield facility” means a facility which started to carry out the process by virtue of which it is a facility within the meaning of paragraph 50 of Schedule 6 during the 12 month period ending on the date the operator applies for the facility to be covered by an agreement”

“Novem ratio target” has the meaning set out in the technical annex;

1 *OJ No L 275, 25.10.03, p 32. The Directive was amended by European Parliament and Council Directives 2004/101/EC (OJ No. L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p 109).

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“operator” means, as the context requires, either:

a) the party to this Agreement other than the Administrator; or

b) a party to an underlying agreement other than the Administrator;

“personal information” means:

a) the address of the registered office of the sector association or operator;

b) the name, address and email address of:

i) in the case of a sector association, a person who can be contacted in respect of the sector association;

ii) in the case of an Operator, the responsible person; and

c) the name, address and email address of a person who can be contacted in respect of the facility or each facility covered by an agreement;

“the Register” means the electronic system established and operated by the Administrator for the administration of agreements;

“the Regulations” means the Climate Change Agreements (Administration) Regulations 2012 S.I. 2012/1976;

“responsible person” means an individual who is legally authorised by the Operator to enter as the Operator’s agent into an underlying agreement, to agree any amendments to an underlying agreement, and to accept service of notices on behalf of the Operator; “Rule or Rules” means the Rules for the Operation of Climate Change Agreements or any of them set out in Schedule 1 to this Agreement as varied from time to time;

“Schedule 6” means Schedule 6 to the Finance Act 2000;

“sector” means the sector consisting of facilities which are covered by the same umbrella agreement;

“sector association” means the sector association set out in Schedule 3;

“sector commitment” means the commitment set out in Schedule 5 of the umbrella agreement, as varied from time to time;

“surplus” means the amount by which the emissions have fallen below the target for any target period;

“target” means the percentage improvement in energy efficiency or carbon efficiency from the base year applicable to the target unit, set out in Schedule 6 to this Agreement, as varied from time to time;

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“target period 1” means the target period from 1st January 2013 to 31st December 2014;

“target period 2” means the target period from 1st January 2015 to 31st December 2016;

“target period 3” means the target period from 1st January 2017 to 31st December 2018;

“target period 4” means the target period from 1st January 2019 to 31st December 2020.

“target unit” means the facility or group of facilities to which this Agreement applies;

“tCO2 equivalent” means tonnes of carbon dioxide equivalent;

“technical annex” means the technical annex dated 6 March 2013 and published by the Administrator or the Secretary of State, available via the Administrator’s website;

“throughput” means the measure of production, or factor related to production, used to determine the relationship between the amount of energy used by the target unit and the levels of activity of the target unit, as set out in Schedule 6 of this agreement;

“the Tribunal” means the First-tier Tribunal established under the Tribunal Courts and Enforcement Act 20072;

“umbrella agreement” means an agreement that is an umbrella agreement for the purposes of paragraph 48 of Schedule 6 to the Act;

“underlying agreement” means, as the context requires, either:

a) this Agreement; or

b) an agreement that is an underlying agreement for the purposes of paragraph 48 of Schedule 6 to the Act.

1.2 Other words and expressions used in this Agreement have the same meaning as they bear in Schedule 6 to the Finance Act 2000 or the Regulations.

2 Appeals are assigned to the General Regulatory Chamber of the First-tier Tribunal by virtue of article 3(a) of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655). The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) sets out procedural rules relating to such appeals.

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2. FACILITIES TO WHICH THIS AGREEMENT APPLIES

2.1 This Agreement applies to the facility or facilities set out in Schedule 5 to this Agreement which carry out some or all of the activities set out in Schedule 4 to this Agreement.

3. TARGET

3.1 The target is set out in Schedule 6 to this Agreement, as varied from time to time.

3.2 Whether the target has been met must be determined in accordance with Rule 6.

3.3 The Secretary of State may carry out a review of the sector commitment during 2016 for the target periods 1st January 2017 to 31st December 2018 and 1st January 2019 to 31st December 2020. The target may be varied to take account of the review in accordance with the procedure set out in Rule 12.

3.4 The target may also be varied in accordance with Rules 6, 9, 10 and 11.

4. THE RULES

4.1 Schedule 1 to this Agreement which sets out the Rules for the operation of Climate Change Agreements has effect.

4.2 The Operator agrees to comply with the Rules.

5. DURATION AND TERMINATION OF THIS AGREEMENT

5.1 Subject to clause 5.2 below, this Agreement comes into force on 1 April 2013 or the date on which it is made, if later, and ends on 31 March 2023.

5.2 This Agreement may be terminated before 31 March 2023:

5.2.1 at any time by a notice served by the Operator giving at least 20 working days notice served on the Administrator; or

5.2.2 in accordance with the Regulations.

6. VARIATION OF AGREEMENT

6.1 Subject to clauses, 6.2 and 6.3 below, this Agreement may be varied at any time if agreed between the Administrator and the Operator.

6.2 The facilities to which this Agreement applies may be varied in accordance with Rules 9 and 10.

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6.3 This Agreement may be varied by the Administrator at any time to take account of changes to the terms specified in the Regulations.

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7. AUTHORITY

7.1 The Operator warrants that it has the power to enter into this Agreement and is authorised and has obtained all necessary approvals to enter into this Agreement on behalf of the included facilities and the responsible person warrants that he or she is authorised to sign this Agreement on behalf of the operator.

Signed on behalf of Signed by the responsible person on behalf the Environment Agency of the Operator

……………………………………………

Karl Sydney Ian Hopwood Operations Manager (Energy Manager Efficiency) [email protected]

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SCHEDULE 1

RULES FOR THE OPERATION OF CLIMATE CHANGE AGREEMENTS

1. OBLIGATIONS OF A SECTOR ASSOCIATION AND OF AN OPERATOR

1.1 An Operator and a Sector Association must:

1.1.1 supply such information to the Administrator as the Administrator may request in connection with an agreement, by the date specified in the request;

1.1.2 notify the Administrator of any changes to its personal information within 20 working days of the change;

1.1.3 co-operate with any person appointed by the Administrator to undertake an independent audit of information provided to the Administrator; and

1.1.4 comply with the provisions of the charging scheme. If a charge remains unpaid after the date on which it is due, it may be recovered by the Administrator as a civil debt.

2. OBLIGATIONS OF A SECTOR ASSOCIATION

2.1 Following the setting of the sector commitment by the Secretary of State, or following a variation of the sector commitment under Rule 12.1, a Sector Association must distribute the sector commitment between each target unit under the umbrella agreement.

3. OBLIGATIONS OF AN OPERATOR

3.1 An Operator must:

3.1.1 notify the Administrator and the Sector Association within 20 working days of the date when the Operator has reason to believe that a facility covered by an underlying agreement may not be eligible for inclusion in the underlying agreement;

3.1.2 notify the Administrator within 20 working days of becoming aware of any structural change or other change set out in the technical annex which may give rise to a variation to the target in accordance with Rule 11;

3.1.3 notify the Administrator within 20 working days of discovering any error in the data provided to the Administrator for the base year;

3.1.4 provide to the Administrator on or before 1st May following the end of a target period such information as has been requested by the

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Administrator in order to determine whether progress towards meeting the target is, or is likely to be, taken to be satisfactory;

3.1.5 provide any other information requested at any time by the Administrator by the date specified in the request to enable the Administrator to determine that:

(a) the target has been met; or

(b) the Operator is complying with the terms of the underlying agreement;

3.1.6 notify the Administrator within 5 working days of the Operator or a facility in a target unit becoming a firm in difficulty, within the meaning of the European Commission Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty (2004/C 244/02);

3.1.7 provide the responsible person with full authority to carry out his or her functions, including authorisation to accept on behalf of the Operator the service of any notice; and

3.1.8 provide a current UK postal address and an operational email address of the responsible person for service of any notice.

3.2 If the Administrator enters into an underlying agreement before a target has been agreed, conditional upon the Operator providing sufficient information within a specified period in order to set the target for the target unit, the Operator must supply any data requested by the Administrator within the period specified by the Administrator on energy use and throughput of the target unit.

4. OPERATION OF THE REGISTER

4.1 Subject to Rules 4.2 and 4.3, to the extent possible, a Sector Association and an Operator must communicate with the Administrator using the Register.

4.2 Until a Sector Association and an Operator have been notified by the Administrator that the Operator is able to operate an account on its own behalf, an Operator must provide all information to the Sector Association to comply with the obligations of an Operator under an underlying agreement. The Sector Association must then operate the register on behalf of the Operator to provide the information to the Administrator.

4.3 After receiving notification from the Administrator that an Operator is able to operate an account on its own behalf, an Operator must notify the Administrator if it wishes to access its account directly to comply with its obligations under an underlying agreement. If an Operator makes such notification, the Operator must then operate the Register on its own behalf in order to comply with its obligations under an underlying agreement. If an Operator does not make such notification, the Operator must continue to provide all information to the Sector Association to comply with the obligations of an Operator under an underlying agreement and

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the Sector Association must continue to operate the register on behalf of the Operator to provide information to the Administrator.

5. CERTIFICATION OF A FACILITY

5.1 The Administrator must certify that a facility is covered by an agreement from the signing of an underlying agreement to the end of the certification period in which the underlying agreement is signed.

5.2 The Administrator must certify that a facility is covered by an agreement for any certification period other than the certification period in which the underlying agreement is signed, where it appears to the Administrator that progress made in the immediately preceding certification period, whether under the underlying agreement or under any previous underlying agreement, towards meeting targets set for the target unit is, or is likely to be, satisfactory.

5.3 For the purposes of this Rule, progress made in the immediately preceding certification period towards meeting targets set for the target unit is, or is likely to be satisfactory only where condition 1 and condition 2 are satisfied.

5.4 Condition 1 is that:

5.4.1 the target set for the target unit for the relevant target period is met, in accordance with Rule 6; or

5.4.2 if the target set for the target unit has not been met, the target unit has paid the buy-out fee in accordance with Rule 7.

5.5 Condition 2 is that obligations imposed under or by virtue of regulations made for the purpose of implementing the EU ETS Directive have been complied with in respect of each facility comprising the target unit.

5.6 If:

5.6.1 a target unit has failed to meet its target in accordance with Rule 6 and the Operator has failed to pay the buy-out fee in accordance with Rule 7;

5.6.2 obligations imposed under or by virtue of regulations made for the purpose of implementing the EU ETS Directive have not been complied with in respect of any facility in a target unit; or

5.6.3 the underlying agreement or umbrella agreement is terminated in accordance with Regulation 17(1)(2), or (3) or Regulation 18,

the Administrator must not certify that the facility or facilities comprising the target unit are covered by an agreement or, where a certificate has been issued, the Administrator must vary the certificate in accordance with paragraph 45 of Schedule 6.

5.7 If:

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5.7.1 a facility is not or ceases to be eligible for inclusion in an agreement; or

5.7.2 a facility is excluded from an underlying agreement under Rule 10;

the Administrator must not certify that the facility is covered by an agreement or, where a certificate has been issued, the Administrator must vary the certificate in accordance with paragraph 45 of Schedule 6.

5.8 If the information supplied to the Administrator is insufficient to determine whether:

5.8.1 the target for the target period has been met; or

5.8.2 obligations imposed under or by virtue of regulations made for the purpose of implementing the EU ETS Directive have been complied with in respect of each facility comprising the target unit;

the Administrator may refuse to certify that the facility or facilities are covered by an agreement or, where a certificate has been issued, the Administrator may vary that certificate in accordance with paragraph 45 of Schedule 6.

5.9 Subject to Rule 5.10, if the Administrator does not certify a facility or varies a certificate that has been issued, the Administrator must serve a decision notice on the Sector Association and the Operator of the facility setting out the reasons for the decision, unless a notice of termination has already been served.

5.10 The Administrator is not required to serve a decision notice where a facility has been certified under this Rule and it is subsequently discovered that the target unit for the relevant target period had not been met because of an error in the information originally supplied to the Administrator provided that:

5.10.1 the Sector Association and the Operator have satisfied the Administrator that the error was unintentional; and

5.10.2 the Operator has paid any buy-out fee in accordance with Rule 7.

6. MEETING THE TARGET

6.1 A target unit meets its target for the purpose of Rule 5 if it meets or exceeds the percentage improvement in energy efficiency or carbon efficiency from the base year set out in Schedule 6 to the underlying agreement.

6.2 The Administrator must determine whether the target has been met in accordance with the principles, methodologies and procedures set out in the technical annex.

6.3 An Operator must notify the Administrator on or before 31st January in the year following the end of a target period of any circumstances which may give rise to an adjustment to the target for the previous target period, as set out in the technical annex.

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6.4 If an Operator makes a notification under Rule 6.3, the Administrator may adjust the previous target in accordance with the principles, methodologies and calculations set out in the technical annex and must serve a notice on the Operator, setting out:

6.4.1 whether or not it had decided to vary the target; and

6.4.2 any revised target (as varied) for the target unit.

7. BUY-OUT MECHANISM

7.1 If the administrator finds that the target unit has failed to meet its targets:

7.1.1 at any time in the period beginning with 1st May in the year following the end of a target period and ending immediately before the first day of the next certification period; or

7.1.2 at any other time,

the obligation to make progress towards meeting targets may instead be satisfied by the payment to the administrator of a fee in accordance with Rule 7.2.

7.2 If Rule 7.1 applies, the administrator must serve a notice on the Operator containing the following information:

7.2.1 that the target unit has failed to meet its target;

7.2.2 the fee to be paid, calculated in accordance with Rule 7.3 or Rule 7.4;

7.2.3 the date by which the fee must be paid, determined in accordance with Rule 7.5 or Rule 7.6;

7.2.4 to whom the fee must be paid;

7.2.5 how the fee is to be paid; and

7.2.6 that failure to pay the fee in accordance with the notice will result in the issue of a variation certificate in accordance with paragraph 45 of Schedule 6.

7.3 If Rule 7.1.1 applies, the amount of the fee is:

A × (W – S)

Where:

(a) A is £12 where the finding is of a failure to meet a target for target period 1 (1st January 2013 – 31st December 2014) or target period 2 (1st January 2015 – 31st December 2016), or £14 where the finding is of a failure to meet a target for

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target period 3 (1st January 2017 – 31st December 2018) or target period 4 (1st January 2019 – 31st December 2020);

(b) W in units of tCO2 equivalent represents the amount by which the emissions for the target period exceed the target and

(c) S in units of tCO2 equivalent represents any surplus.

7.4 If Rule 7.1.2 applies, the amount of the fee is:

A × W

Where:

(a) A is £12 where the finding is of a failure to meet a target for target period 1 (1st January 2013 – 31st December 2014) or target period 2 (1st January 2015 – 31st December 2016), or £14 where the finding is of a failure to meet a target for target period 3 (1st January 2017 – 31st December 2018) or target period 4 (1st January 2019 – 31st December 2020);

(b) W in units of tCO2 equivalent represents the amount by which the emissions for the target period exceed the target.

7.5 If Rule 7.1.1 applies, the fee must be paid on or before 1st July in the year in which the target unit is found to have failed to meet its targets.

7.6 If Rule 7.1.2 applies, the fee must be paid within 30 working days beginning with the date of the notice.

7.7 Payment of the fee is deemed to have been made when the person to whom the fee must be paid as specified in the notice receives full cleared funds.

7.8 For the purposes of calculating the buy-out fee under this Rule and for calculating the amount of any surplus, the Administrator must calculate the difference between the target for the target period and the actual performance achieved during the target period, where the target and the actual performance achieved are expressed in the same units, and convert any difference between the two into a quantity of carbon dioxide equivalent, expressed in units of tCO2 equivalent, using the principles, methodologies and calculations set out in the technical annex.

8. SURPLUS

8.1 If a facility is excluded from a target unit, the Operator must determine how any surplus should be distributed between the facilities that have been excluded from the target unit and the facilities remaining in the target unit and must notify the Administrator of the redistribution within 20 working days of the facility being excluded from the target unit.

8.2 If an Operator fails to notify the Administrator of the redistribution in accordance with Rule 8.1 any surplus remains with the facilities remaining in the target unit.

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8.3 If facilities join a target unit, any surplus attributable to those joining facilities may be used by the target unit as a whole.

9. VARIATION BY INCLUSION OF ADDITIONAL FACILITIES

9.1 A facility which is not already included in another umbrella agreement is eligible at any time to be considered for inclusion in an umbrella agreement where:

9.1.1 it is a facility within the meaning of paragraph 50 of Schedule 6; and

9.1.2 it is a facility undertaking the activities set out in Schedule 3 to an umbrella agreement.

9.2 A facility which is not already included in another underlying agreement is eligible at any time to be considered for inclusion in an underlying agreement where:

9.2.1 it is a facility within the meaning of paragraph 50 of Schedule 6;

9.2.2 it is a facility undertaking the activities set out in Schedule 3 to an umbrella agreement; and

9.2.3 it has the same operator as the operator of the underlying agreement under which it will be included, as set out in the technical annex.

9.3 A facility which is already included in another underlying agreement is eligible to be considered for inclusion in a different underlying agreement on or before 30 September 2013 where:

9.3.1 it is a facility within the meaning of paragraph 50 of Schedule 6;

9.3.2 it is a facility undertaking the activities set out in Schedule 3 to an umbrella agreement; and

9.3.3 it has the same operator as the operator of the underlying agreement under which it will be included, as set out in the technical annex.

9.4 A facility which is already included in another underlying agreement is eligible to be considered for inclusion in a different underlying agreement on or after 1 October 2013 where:

9.4.1 it is a facility within the meaning of paragraph 50 of Schedule 6;

9.4.2 it is a facility undertaking the activities set out in Schedule 3 to an umbrella agreement;

9.4.3 it has the same operator as the operator of the underlying agreement under which it will be included, as set out in the technical annex; and

9.4.4 there has been a change of operator of the facility.

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9.5 An additional facility cannot be added to an umbrella agreement or an underlying agreement:

9.5.1 during the final target period under the umbrella agreement or the underlying agreement; or

9.5.2 during the last two months of a target period.

9.6 The administrator may vary the target of a target unit to take account of the inclusion of additional facilities following the principles, methodologies and calculations set out in the technical annex.

9.7 If a Sector Association wishes to add an additional facility to an umbrella agreement or an Operator wishes to add an additional facility to an underlying agreement the Sector Association or the Operator must notify the Administrator not less than two months before the commencement of the next target period setting out:

9.7.1 the name of the Operator of the facility;

9.7.2 the address of the facility;

9.7.3 a description of the facility;

9.7.4 such information as will enable the Administrator to reach a decision on establishing eligibility of the facility, as requested by the Administrator; and

9.7.5 such information as will enable the Administrator to determine the revised target for the target unit, as requested by the Administrator.

9.8 If the Administrator receives a notification under Rule 9.4, the Administrator must serve a notice on the Operator, copied to the Sector Association:

9.8.1 consenting to include the additional facility in an umbrella agreement or an underlying agreement and setting out whether or not it has decided to vary the target, and if so, the revised target (as varied) for the target unit;

9.8.2 refusing consent to include the facility in an umbrella agreement or an underlying agreement, giving reasons for the decision; or

9.8.3 requesting such further information as is required in order to establish eligibility of the facility or reach a decision on the target for the facility.

10. VARIATION BY EXCLUSION OF FACILITIES

10.1 If a Sector Association or an Operator wishes to exclude a facility, or part of it, from an umbrella agreement or an underlying agreement, it must notify the Administrator of the proposed exclusion, setting out:

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10.1.1 the name of the Operator of the facility;

10.1.2 the facility number, or a description of the part that is to be excluded; and

10.1.3 the reason for the exclusion.

10.2 If:

10.2.1 a Sector Association or an Operator has notified the Administrator that it wishes to exclude a facility under Rule 10.1; or

10.2.2 the Administrator has terminated an agreement so far as it relates to an individual facility under Regulation 17(4),

the Administrator may vary the target to take account of the exclusion or termination following the principles, methodologies and calculations set out in the technical annex, and may request such information from the Sector Association or the Operator as it requires in order to determine the revised target.

10.3 If the Administrator decides to vary or not to vary the target under Rule 10.2, it must serve a notice on the Operator, copied to the Sector Association, setting out whether or not it has decided to vary the target, and if so the revised target (as varied) for the target unit.

11. VARIATION OF TARGETS IN OTHER CIRCUMSTANCES

11.1 The Administrator may vary the target to take account of:

11.1.1 any structural changes or other changes to the target unit which the Operator must notify to the Administrator under Rule 3.1.2;

11.1.2 any errors in the data provided to the Administrator for the base year; or

11.1.3 in respect of a target unit which has a Novem ratio target, the removal of a product produced in the target period which was produced in the base year.

following the principles, methodologies and calculations set out in the technical annex.

11.2 The Administrator may request any information of a Sector Association or an Operator as it requires in order to determine the revised target under Rule 11.1.

11.3 If the Administrator decides to vary or not to vary a target under Rule 11.1, it must serve a notice on the Operator, copied to the Sector Association, setting out:

11.3.1 whether or not it has decided to vary the target; and

11.3.2 any revised target (as varied) for the target unit.

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12. VARIATION OF SECTOR COMMITMENT FOLLOWING A REVIEW

12.1 The sector commitment may be reviewed by the Secretary of State during 2016 for the target periods from 1 January 2017 to 31 December 2018 and from 1 January 2019 to 31 December 2020.

12.2 If the Sector Association and the Secretary of State agree on a variation to the sector commitment following a review, the Secretary of State may issue a direction to the Administrator that the sector commitment must be varied and then the Administrator must serve a variation notice on the Sector Association.

12.3 The variation notice must state:

12.3.1 the agreed variation; and

12.3.2 the date from which the agreed variation will take effect.

12.4 The Sector Association must, within 20 working days of receipt of a variation notice, serve notice on the Administrator setting out the proposed distribution of the revised sector commitment between each target unit under the umbrella agreement.

12.5 The Administrator must:

12.5.1 agree to the proposed distribution and vary the targets of each target unit accordingly;

12.5.2 request further information in relation to the proposed distribution; or

12.5.3 refuse the proposed distribution and propose an alternative distribution, giving reasons for the decision.

12.6 If the Sector Association and the Secretary of State fail to agree on a variation of the sector commitment, either party may refer any dispute as to matters of fact to an adjudicator for adjudication, in accordance with the procedure set out in guidance published by the Secretary of State.

12.7 The adjudicator must, on the basis of representations provided to the adjudicator and any additional information considered necessary by the adjudicator, make a finding on the disputed questions of fact and notify the parties of that finding.

12.8 The adjudicator’s finding on a disputed question of fact shall be binding on the parties but it shall be for the Secretary of State and the Sector Association to agree, in the light of that finding, what variations to the sector commitment are required.

12.9 If the Secretary of State and the Sector Association fail to agree on the variation to the sector commitment, the Administrator may terminate the agreement in accordance with Regulation 18.

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13. RIGHT OF APPEAL

13.1 If the Administrator:

13.1.1 decides not to certify a facility or to vary a certificate which has been issued;

13.1.2 serves a notice imposing a buy-out fee under Rule 7 upon determining that a target unit has failed to meet its target; or

13.1.3 decides to vary or not to vary the target for a target unit,

the Operator may appeal to the Tribunal against the decision.

13.2 In respect of an Operator which enters into an agreement after 1 April 2013, the Operator may appeal to the Tribunal against the target that has been set for the target unit by the Administrator.

13.3 For the purposes of Rule 13.2, the date on which notice of the decision is deemed to have been sent to the Operator is the later of the date the agreement is entered into or the date the Administrator sends notice to the Operator of the target for the target unit.

13.4 The grounds on which an Operator may appeal under Rule 13.1 and 13.2 are:

13.4.1 that the decision was based on an error of fact;

13.4.2 that the decision was wrong in law;

13.4.3 that the decision was unreasonable;

13.4.4 any other reason.

13.5 The bringing of an appeal suspends the effect of the decision pending final determination by the Tribunal of the appeal or its withdrawal.

13.6 On determining an appeal under these Rules the Tribunal must either:

13.6.1 affirm the decision;

13.6.2 quash the decision; or

13.6.3 vary the decision.

14. RECORDS AND INFORMATION

14.1 A Sector Association and an Operator must retain records of all information required to be supplied to the Administrator under these Rules.

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14.2 In particular, an Operator must retain:

14.2.1 sufficient records to allow the Administrator to verify whether a target unit has met its target, including sufficient records to allow the accurate verification of throughput and annual consumption of energy of a target unit; and

14.2.2 records of energy saving actions and measures implemented during each target period.

14.3 A Sector Association and an Operator must make all records which it is required to retain under these Rules available for inspection by the Administrator or a person appointed by the Administrator and must provide copies of such records in response to a request by the date specified in the request.

14.4 All records required to be retained under these Rules must be retained throughout the duration of an agreement and for a period of four years following the termination of an agreement.

15. PUBLICATION AND DISCLOSURE OF INFORMATION

15.1 The Administrator must publish such information as required under the Regulations.

15.2 In respect of the disclosure of information other than disclosure of information required to be published under the Regulations, information supplied by a Sector Association or an Operator to the Administrator or the Secretary of State, to any agent of the Administrator or the Secretary of State, or to any person appointed by the Administrator or Secretary of State to carry out an independent audit, may be disclosed without the consent of the Sector Association or Operator, where such disclosure is:

15.2.1 by the Administrator to the Secretary of State, for any purpose connected with the functions of the Secretary of State;

15.2.2 by the Secretary of State to the Administrator, for any purpose connected with the functions of the Administrator;

15.2.3 to a relevant authority, for any purpose connected with the functions of the relevant authority;

15.2.4 to any person appointed by the Administrator or the Secretary of State to carry out an independent audit;

15.2.5 to an adjudicator appointed under these Rules;

15.2.6 to any person appointed by the Administrator or the Secretary of State to act as agent, consultant, adviser or contractor to the Administrator or the Secretary of State, in connection with the functions of the Administrator of the Secretary of State;

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15.2.7 necessary for the purpose of or in connection with any legal proceedings, including the obtaining of legal advice;

15.2.8 required to comply with any Act of Parliament or subordinate legislation made under an Act of Parliament, including requests made under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004; or

15.2.9 required to meet any obligation to the European Union.

15.3 A relevant authority referred to in this Rule means:

15.3.1 either House of Parliament including any committee of either or both Houses;

15.3.2 any Government department;

15.3.3 the European Commission;

15.3.4 the Committee on Climate Change;

15.3.5 the Commissioners of Her Majesty’s Revenue and Customs;

15.3.6 a person or body prescribed by or appointed under Part I of the Environmental Protection Act 1990 or regulations made under section 2 of the Pollution Prevention and Control Act 1999 or any corresponding legislation for Northern Ireland;

15.3.7 any regulator appointed under section 54 of the Competition Act 1998; or

15.3.8 any other public body, regulatory agency or government advisory body, where in the absolute discretion of the Administrator or the Secretary of State, as appropriate, the Administrator or Secretary of State considers that it would be obliged to disclose such information in response to a request for information under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004, if such a request were made.

16. COLLECTION OF CHARGES

16.1 A Sector Association may request the consent of the Administrator to collect charges due from Operators to the Administrator in respect of facilities under the charging scheme.

16.2 If a Sector Association wishes to collect charges due from an Operator to the Administrator under the charging scheme, the Sector Association may serve a notice in writing on the Administrator by the last working day in February in the calendar year in which the charges fall due.

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16.3 A notice served under Rule 16.2 must specify the facilities in respect of which the Sector Association intends to collect charges, being not fewer than 50% of the facilities covered by an umbrella agreement.

16.4 Following receipt of the notice, the Administrator must:

16.4.1 consent to the Sector Association collecting charges; or

16.4.2 refuse consent to the Sector Association collecting charges, giving reasons for the decision.

16.5 If the Administrator consents to the Sector Association collecting charges the Sector Association must:

16.5.1 itemise charges separately in any invoices that it issues in respect of charges;

16.5.2 collect and remit all charges collected to the Administrator without deduction or set off by the last working day in September in each year;

16.5.3 prepare an annual report to the Administrator by the last working day in October in the year in which it has collected charges setting out which Operators it has collected charges from and which Operators have failed to pay charges due to the Sector Association.

16.6 A Sector Association must not actively pursue any outstanding charges after the last working day in September in any year in which they fall due. If a Sector Association receives charges after this date the Sector Association must accept the payment and remit this to the Environment Agency along with information identifying the Operator making the payment.

16.7 If a Sector Association fails to comply with any of its obligations under this Rule the Administrator may serve a notice on the Sector Association that consent to the Sector Association continuing to collect charges is withdrawn at the expiry of 20 working days from the date of the notice.

17. SERVICE OF NOTICES

17.1 Any notice served under these Rules must be in writing and may be served by sending it by post or electronically.

17.2 The address for the service of all notices on the Administrator is:

Postal: Environment Agency Lutra House Dodd Way, Off Seedlee Road Walton Summit, Bamber Bridge, Preston, Lancs PR5 8BX

Electronic: [email protected]

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17.3 The address for the service of all notices on the Sector Association is the address of the person set out in Schedule 2 to the umbrella agreement.

17.4 The address for the service of all notices on the Operator is the address of the responsible person.

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SCHEDULE 2

THE OPERATOR

Wrights Pies Ltd Coldstore

Whose address for service of all notices under this Agreement is By post: Weston Road Crewe Cheshire CW1 6XQ England

Administrative contact MR. Ian Hopwood

Electronically: [email protected]

SCHEDULE 3

THE SECTOR ASSOCIATION

Food Storage & Distribution Federation

Whose address for service of all notices under this Agreement is By post: 7 Diddenham Court Lamb Wood Hill, Grazeley Reading RG7 1JQ England

Sector Contact MR. Chris Sturman

Electronically: [email protected]

THE UMBRELLA AGREEMENT

The Agreement dated 01 Sep 2017 made between the Administrator and the Sector Association.

SCHEDULE 4

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ACTIVITIES UNDERTAKEN BY A FACILITY FALLING WITHIN THE SECTOR

At an installation (which must be a building where the predominant business activity is commercial temperature controlled storage or product freezing) or site upon which there is such an installation where— (a) products are cooled or frozen for the purposes of— (i) storing them under controlled temperatures below ambient levels; or (ii) producing ice; or (b) products are stored under controlled temperatures below ambient levels, cooling and freezing products and all processes and activities involved in controlling temperatures below ambient levels.

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SCHEDULE 5

FACILITIES TO WHICH THIS AGREEMENT APPLIES

Facility Site Name & Address EU ETS Identification Identifier CSDF/F002 Wrights Pies Ltd Coldstore 50 Unit 1, First Avenue, Weston Road, Crewe, Cheshire, CW1 6BG, England

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SCHEDULE 6 TARGET UNIT TARGETS Target Unit Identifier Target Period Target Type Throughput Baseline Primary Baseline Energy Numerical target Unit Throughput Energy (Percentage Consumption reduction from Unit base year)

CSDF/T00170 TP1 Relative m3 14,317 kWh 3,813,981.6 250.811 (1 Jan 2013 to (5.850%) 31 Dec 2014)

TP2 Relative m3 14,317 kWh 3,813,981.6 245.616 (1 Jan 2015 to (7.800%) 31 Dec 2016)

TP3 Relative m3 14,317 kWh 3,813,981.6 240.422 (1 Jan 2017 to (9.750%) 31 Dec 2018)

TP4 Relative m3 14,317 kWh 3,813,981.6 235.227 (1 Jan 2019 to (11.700%) 31 Dec 2020)

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Wright's Pies (Shelton) Limited (Companies House 00526954) TU Identifier: FDF1/T00718

Second Avenue Weston Road Crewe Cheshire CW1 6XQ England [email protected]

CLIMATE CHANGE AGREEMENTS SCHEME UNDERLYING AGREEMENT ACTIVATED

Dear Ian Hopwood

We are writing to inform Wright's Pies (Shelton) Limited (Companies House 00526954) (“you”) that your underlying agreement (“the agreement”) for the Climate Change Agreement scheme (“the scheme”) has been activated. This will now allow your target unit and the facilities listed within your agreement to qualify for the Climate Change Levy discount under Part IV of Schedule 6 to the Finance Act 2000 (as amended). The details below confirm the target unit and agreement to which this letter relates.

Target Unit: FDF1/T00718 – Wright's Pies (Shelton) Limited (Companies House 00526954) Second Avenue Weston Road Crewe Cheshire CW1 6XQ England Agreement Identifier: FDF1/T00718 v6

We will notify HMRC that this agreement has been activated for your target unit and the facilities named within it. You will be required to contact your energy supplier and notify them of this agreement to obtain your discount from the Climate Change Levy.

If you require any clarification of the above, please contact your sector association.

Yours faithfully

Page 1 of 2 Environment Agency, Richard Fairclough House, Knutsford Road, Latchford, Warrington, Cheshire, WA4 1HT Tel: 03708 506 506 CCA Team c.c. Recipients: Stephen Reeson - [email protected] Ian Hopwood - [email protected] Ian Hopwood - [email protected] Julie Gartside - [email protected]

Page 2 of 2 Environment Agency, Richard Fairclough House, Knutsford Road, Latchford, Warrington, Cheshire, WA4 1HT Tel: 03708 506 506 UNDERLYING CLIMATE CHANGE AGREEMENT FOR THE FOOD AND DRINK SECTOR Agreement Dated: 10th day of May 2018 Agreement Identifier: FDF1/T00718 v6 TU Identifier: FDF1/T00718

THIS AGREEMENT is made on the 10th day of May 2018

BETWEEN:

(1) the Environment Agency (“the Administrator”); and

(2) the operator set out in Schedule 2 (“the Operator”)

RECITALS

(A) Section 30 of and Schedule 6 to the Finance Act 2000 (“the Act”) make provision for a tax known as the climate change levy (“the Levy”). The Levy is charged on the supply of taxable commodities as defined in paragraph 3 of Schedule 6 to the Finance Act 2000.

(B) Paragraphs 42(1)(ba) and 42(1)(c) of Schedule 6 to the Act provide that the amount payable by way of the Levy shall be discounted from the full rate where the supply is a reduced-rate supply. A reduced-rate supply is a taxable supply supplied to a facility specified in a certificate given by the Administrator to the Commissioners for Her Majesty’s Revenue and Customs as a facility which is covered by a climate change agreement for a period specified in the certificate in accordance with paragraphs 42 to 52F of Schedule 6 to the Act.

(C) A climate change agreement is defined in paragraph 46 of Schedule 6 to the Act. It may consist of a combination of agreements that falls within paragraph 48. A combination of agreements falls within paragraph 48 if a number of conditions are satisfied. The first condition is that the combination of agreements is a combination of an umbrella agreement and an agreement that, in relation to the umbrella agreement, is an underlying agreement.

(D) This agreement is an underlying agreement in relation to an umbrella agreement, entered into for the purposes of the reduced rate of Levy. It is not intended to give rise to contractual obligations between the parties.

(E) The facility or facilities set out in Schedule 4 to this agreement are a facility or facilities to which an agreement applies.

(F) The Operator is a representative of each facility to which this agreement applies, as defined in paragraph 47(2) of Schedule 6.

AGREED TERMS

IT IS AGREED as follows:

1. INTERPRETATION

1.1 In this Agreement, unless the context otherwise requires:

“account” means the account in the Register of a sector association or an operator;

“agreement” means an umbrella agreement or an underlying agreement;

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“base year” in respect of a target unit which does not include a greenfield facility means a 12 month period agreed between an operator and the administrator, ending prior to the date of an underlying agreement, for which data is supplied by an operator to the administrator prior to the operator entering into the underlying agreement;

“base year” in respect of a target unit which does include a greenfield facility means the 12 month period starting on the date of an underlying agreement”;

“buy-out fee” means the fee calculated in accordance with Rule 7;

“certification period” means, any of the following periods:

(a) 1st April 2013 to 30th June 2015;

(b) 1st July 2015 to 30th June 2017;

(c) 1st July 2017 to 30th June 2019;

(d) 1st July 2019 to 30th June 2021; or

(e) 1st July 2021 to 31st March 2023;

“charges” means charges due to the Administrator under the charging scheme;

“charging scheme” means the Climate Change Agreements Charges Scheme 2012 made by the Administrator or any replacement or revision of that charging scheme;

“emissions” means the total emissions in tCO2 equivalent for a target period;

“EU ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC, as amended from time to time;1

“facility” means a facility within the meaning of paragraph 50(2) to (6) of Schedule 6 to the Act;

“facility number” means the unique identification number of a facility set out in schedule 6 of this Agreement;

“greenfield facility” means a facility which started to carry out the process by virtue of which it is a facility within the meaning of paragraph 50 of Schedule 6 during the 12 month period ending on the date the operator applies for the facility to be covered by an agreement”

“Novem ratio target” has the meaning set out in the technical annex;

1 *OJ No L 275, 25.10.03, p 32. The Directive was amended by European Parliament and Council Directives 2004/101/EC (OJ No. L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p 109).

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“operator” means, as the context requires, either:

a) the party to this Agreement other than the Administrator; or

b) a party to an underlying agreement other than the Administrator;

“personal information” means:

a) the address of the registered office of the sector association or operator;

b) the name, address and email address of:

i) in the case of a sector association, a person who can be contacted in respect of the sector association;

ii) in the case of an Operator, the responsible person; and

c) the name, address and email address of a person who can be contacted in respect of the facility or each facility covered by an agreement;

“the Register” means the electronic system established and operated by the Administrator for the administration of agreements;

“the Regulations” means the Climate Change Agreements (Administration) Regulations 2012 S.I. 2012/1976;

“responsible person” means an individual who is legally authorised by the Operator to enter as the Operator’s agent into an underlying agreement, to agree any amendments to an underlying agreement, and to accept service of notices on behalf of the Operator; “Rule or Rules” means the Rules for the Operation of Climate Change Agreements or any of them set out in Schedule 1 to this Agreement as varied from time to time;

“Schedule 6” means Schedule 6 to the Finance Act 2000;

“sector” means the sector consisting of facilities which are covered by the same umbrella agreement;

“sector association” means the sector association set out in Schedule 3;

“sector commitment” means the commitment set out in Schedule 5 of the umbrella agreement, as varied from time to time;

“surplus” means the amount by which the emissions have fallen below the target for any target period;

“target” means the percentage improvement in energy efficiency or carbon efficiency from the base year applicable to the target unit, set out in Schedule 6 to this Agreement, as varied from time to time;

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“target period 1” means the target period from 1st January 2013 to 31st December 2014;

“target period 2” means the target period from 1st January 2015 to 31st December 2016;

“target period 3” means the target period from 1st January 2017 to 31st December 2018;

“target period 4” means the target period from 1st January 2019 to 31st December 2020.

“target unit” means the facility or group of facilities to which this Agreement applies;

“tCO2 equivalent” means tonnes of carbon dioxide equivalent;

“technical annex” means the technical annex dated 6 March 2013 and published by the Administrator or the Secretary of State, available via the Administrator’s website;

“throughput” means the measure of production, or factor related to production, used to determine the relationship between the amount of energy used by the target unit and the levels of activity of the target unit, as set out in Schedule 6 of this agreement;

“the Tribunal” means the First-tier Tribunal established under the Tribunal Courts and Enforcement Act 20072;

“umbrella agreement” means an agreement that is an umbrella agreement for the purposes of paragraph 48 of Schedule 6 to the Act;

“underlying agreement” means, as the context requires, either:

a) this Agreement; or

b) an agreement that is an underlying agreement for the purposes of paragraph 48 of Schedule 6 to the Act.

1.2 Other words and expressions used in this Agreement have the same meaning as they bear in Schedule 6 to the Finance Act 2000 or the Regulations.

2 Appeals are assigned to the General Regulatory Chamber of the First-tier Tribunal by virtue of article 3(a) of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 (S.I. 2010/2655). The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (S.I. 2009/1976) sets out procedural rules relating to such appeals.

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2. FACILITIES TO WHICH THIS AGREEMENT APPLIES

2.1 This Agreement applies to the facility or facilities set out in Schedule 5 to this Agreement which carry out some or all of the activities set out in Schedule 4 to this Agreement.

3. TARGET

3.1 The target is set out in Schedule 6 to this Agreement, as varied from time to time.

3.2 Whether the target has been met must be determined in accordance with Rule 6.

3.3 The Secretary of State may carry out a review of the sector commitment during 2016 for the target periods 1st January 2017 to 31st December 2018 and 1st January 2019 to 31st December 2020. The target may be varied to take account of the review in accordance with the procedure set out in Rule 12.

3.4 The target may also be varied in accordance with Rules 6, 9, 10 and 11.

4. THE RULES

4.1 Schedule 1 to this Agreement which sets out the Rules for the operation of Climate Change Agreements has effect.

4.2 The Operator agrees to comply with the Rules.

5. DURATION AND TERMINATION OF THIS AGREEMENT

5.1 Subject to clause 5.2 below, this Agreement comes into force on 1 April 2013 or the date on which it is made, if later, and ends on 31 March 2023.

5.2 This Agreement may be terminated before 31 March 2023:

5.2.1 at any time by a notice served by the Operator giving at least 20 working days notice served on the Administrator; or

5.2.2 in accordance with the Regulations.

6. VARIATION OF AGREEMENT

6.1 Subject to clauses, 6.2 and 6.3 below, this Agreement may be varied at any time if agreed between the Administrator and the Operator.

6.2 The facilities to which this Agreement applies may be varied in accordance with Rules 9 and 10.

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6.3 This Agreement may be varied by the Administrator at any time to take account of changes to the terms specified in the Regulations.

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7. AUTHORITY

7.1 The Operator warrants that it has the power to enter into this Agreement and is authorised and has obtained all necessary approvals to enter into this Agreement on behalf of the included facilities and the responsible person warrants that he or she is authorised to sign this Agreement on behalf of the operator.

Signed on behalf of Signed by the responsible person on behalf the Environment Agency of the Operator

……………………………………………

Karl Sydney Ian Hopwood Operations Manager (Energy CCA Manager Efficiency) [email protected]

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SCHEDULE 1

RULES FOR THE OPERATION OF CLIMATE CHANGE AGREEMENTS

1. OBLIGATIONS OF A SECTOR ASSOCIATION AND OF AN OPERATOR

1.1 An Operator and a Sector Association must:

1.1.1 supply such information to the Administrator as the Administrator may request in connection with an agreement, by the date specified in the request;

1.1.2 notify the Administrator of any changes to its personal information within 20 working days of the change;

1.1.3 co-operate with any person appointed by the Administrator to undertake an independent audit of information provided to the Administrator; and

1.1.4 comply with the provisions of the charging scheme. If a charge remains unpaid after the date on which it is due, it may be recovered by the Administrator as a civil debt.

2. OBLIGATIONS OF A SECTOR ASSOCIATION

2.1 Following the setting of the sector commitment by the Secretary of State, or following a variation of the sector commitment under Rule 12.1, a Sector Association must distribute the sector commitment between each target unit under the umbrella agreement.

3. OBLIGATIONS OF AN OPERATOR

3.1 An Operator must:

3.1.1 notify the Administrator and the Sector Association within 20 working days of the date when the Operator has reason to believe that a facility covered by an underlying agreement may not be eligible for inclusion in the underlying agreement;

3.1.2 notify the Administrator within 20 working days of becoming aware of any structural change or other change set out in the technical annex which may give rise to a variation to the target in accordance with Rule 11;

3.1.3 notify the Administrator within 20 working days of discovering any error in the data provided to the Administrator for the base year;

3.1.4 provide to the Administrator on or before 1st May following the end of a target period such information as has been requested by the

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Administrator in order to determine whether progress towards meeting the target is, or is likely to be, taken to be satisfactory;

3.1.5 provide any other information requested at any time by the Administrator by the date specified in the request to enable the Administrator to determine that:

(a) the target has been met; or

(b) the Operator is complying with the terms of the underlying agreement;

3.1.6 notify the Administrator within 5 working days of the Operator or a facility in a target unit becoming a firm in difficulty, within the meaning of the European Commission Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty (2004/C 244/02);

3.1.7 provide the responsible person with full authority to carry out his or her functions, including authorisation to accept on behalf of the Operator the service of any notice; and

3.1.8 provide a current UK postal address and an operational email address of the responsible person for service of any notice.

3.2 If the Administrator enters into an underlying agreement before a target has been agreed, conditional upon the Operator providing sufficient information within a specified period in order to set the target for the target unit, the Operator must supply any data requested by the Administrator within the period specified by the Administrator on energy use and throughput of the target unit.

4. OPERATION OF THE REGISTER

4.1 Subject to Rules 4.2 and 4.3, to the extent possible, a Sector Association and an Operator must communicate with the Administrator using the Register.

4.2 Until a Sector Association and an Operator have been notified by the Administrator that the Operator is able to operate an account on its own behalf, an Operator must provide all information to the Sector Association to comply with the obligations of an Operator under an underlying agreement. The Sector Association must then operate the register on behalf of the Operator to provide the information to the Administrator.

4.3 After receiving notification from the Administrator that an Operator is able to operate an account on its own behalf, an Operator must notify the Administrator if it wishes to access its account directly to comply with its obligations under an underlying agreement. If an Operator makes such notification, the Operator must then operate the Register on its own behalf in order to comply with its obligations under an underlying agreement. If an Operator does not make such notification, the Operator must continue to provide all information to the Sector Association to comply with the obligations of an Operator under an underlying agreement and

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the Sector Association must continue to operate the register on behalf of the Operator to provide information to the Administrator.

5. CERTIFICATION OF A FACILITY

5.1 The Administrator must certify that a facility is covered by an agreement from the signing of an underlying agreement to the end of the certification period in which the underlying agreement is signed.

5.2 The Administrator must certify that a facility is covered by an agreement for any certification period other than the certification period in which the underlying agreement is signed, where it appears to the Administrator that progress made in the immediately preceding certification period, whether under the underlying agreement or under any previous underlying agreement, towards meeting targets set for the target unit is, or is likely to be, satisfactory.

5.3 For the purposes of this Rule, progress made in the immediately preceding certification period towards meeting targets set for the target unit is, or is likely to be satisfactory only where condition 1 and condition 2 are satisfied.

5.4 Condition 1 is that:

5.4.1 the target set for the target unit for the relevant target period is met, in accordance with Rule 6; or

5.4.2 if the target set for the target unit has not been met, the target unit has paid the buy-out fee in accordance with Rule 7.

5.5 Condition 2 is that obligations imposed under or by virtue of regulations made for the purpose of implementing the EU ETS Directive have been complied with in respect of each facility comprising the target unit.

5.6 If:

5.6.1 a target unit has failed to meet its target in accordance with Rule 6 and the Operator has failed to pay the buy-out fee in accordance with Rule 7;

5.6.2 obligations imposed under or by virtue of regulations made for the purpose of implementing the EU ETS Directive have not been complied with in respect of any facility in a target unit; or

5.6.3 the underlying agreement or umbrella agreement is terminated in accordance with Regulation 17(1)(2), or (3) or Regulation 18,

the Administrator must not certify that the facility or facilities comprising the target unit are covered by an agreement or, where a certificate has been issued, the Administrator must vary the certificate in accordance with paragraph 45 of Schedule 6.

5.7 If:

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5.7.1 a facility is not or ceases to be eligible for inclusion in an agreement; or

5.7.2 a facility is excluded from an underlying agreement under Rule 10;

the Administrator must not certify that the facility is covered by an agreement or, where a certificate has been issued, the Administrator must vary the certificate in accordance with paragraph 45 of Schedule 6.

5.8 If the information supplied to the Administrator is insufficient to determine whether:

5.8.1 the target for the target period has been met; or

5.8.2 obligations imposed under or by virtue of regulations made for the purpose of implementing the EU ETS Directive have been complied with in respect of each facility comprising the target unit;

the Administrator may refuse to certify that the facility or facilities are covered by an agreement or, where a certificate has been issued, the Administrator may vary that certificate in accordance with paragraph 45 of Schedule 6.

5.9 Subject to Rule 5.10, if the Administrator does not certify a facility or varies a certificate that has been issued, the Administrator must serve a decision notice on the Sector Association and the Operator of the facility setting out the reasons for the decision, unless a notice of termination has already been served.

5.10 The Administrator is not required to serve a decision notice where a facility has been certified under this Rule and it is subsequently discovered that the target unit for the relevant target period had not been met because of an error in the information originally supplied to the Administrator provided that:

5.10.1 the Sector Association and the Operator have satisfied the Administrator that the error was unintentional; and

5.10.2 the Operator has paid any buy-out fee in accordance with Rule 7.

6. MEETING THE TARGET

6.1 A target unit meets its target for the purpose of Rule 5 if it meets or exceeds the percentage improvement in energy efficiency or carbon efficiency from the base year set out in Schedule 6 to the underlying agreement.

6.2 The Administrator must determine whether the target has been met in accordance with the principles, methodologies and procedures set out in the technical annex.

6.3 An Operator must notify the Administrator on or before 31st January in the year following the end of a target period of any circumstances which may give rise to an adjustment to the target for the previous target period, as set out in the technical annex.

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6.4 If an Operator makes a notification under Rule 6.3, the Administrator may adjust the previous target in accordance with the principles, methodologies and calculations set out in the technical annex and must serve a notice on the Operator, setting out:

6.4.1 whether or not it had decided to vary the target; and

6.4.2 any revised target (as varied) for the target unit.

7. BUY-OUT MECHANISM

7.1 If the administrator finds that the target unit has failed to meet its targets:

7.1.1 at any time in the period beginning with 1st May in the year following the end of a target period and ending immediately before the first day of the next certification period; or

7.1.2 at any other time,

the obligation to make progress towards meeting targets may instead be satisfied by the payment to the administrator of a fee in accordance with Rule 7.2.

7.2 If Rule 7.1 applies, the administrator must serve a notice on the Operator containing the following information:

7.2.1 that the target unit has failed to meet its target;

7.2.2 the fee to be paid, calculated in accordance with Rule 7.3 or Rule 7.4;

7.2.3 the date by which the fee must be paid, determined in accordance with Rule 7.5 or Rule 7.6;

7.2.4 to whom the fee must be paid;

7.2.5 how the fee is to be paid; and

7.2.6 that failure to pay the fee in accordance with the notice will result in the issue of a variation certificate in accordance with paragraph 45 of Schedule 6.

7.3 If Rule 7.1.1 applies, the amount of the fee is:

A × (W – S)

Where:

(a) A is £12 where the finding is of a failure to meet a target for target period 1 (1st January 2013 – 31st December 2014) or target period 2 (1st January 2015 – 31st December 2016), or £14 where the finding is of a failure to meet a target for

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target period 3 (1st January 2017 – 31st December 2018) or target period 4 (1st January 2019 – 31st December 2020);

(b) W in units of tCO2 equivalent represents the amount by which the emissions for the target period exceed the target and

(c) S in units of tCO2 equivalent represents any surplus.

7.4 If Rule 7.1.2 applies, the amount of the fee is:

A × W

Where:

(a) A is £12 where the finding is of a failure to meet a target for target period 1 (1st January 2013 – 31st December 2014) or target period 2 (1st January 2015 – 31st December 2016), or £14 where the finding is of a failure to meet a target for target period 3 (1st January 2017 – 31st December 2018) or target period 4 (1st January 2019 – 31st December 2020);

(b) W in units of tCO2 equivalent represents the amount by which the emissions for the target period exceed the target.

7.5 If Rule 7.1.1 applies, the fee must be paid on or before 1st July in the year in which the target unit is found to have failed to meet its targets.

7.6 If Rule 7.1.2 applies, the fee must be paid within 30 working days beginning with the date of the notice.

7.7 Payment of the fee is deemed to have been made when the person to whom the fee must be paid as specified in the notice receives full cleared funds.

7.8 For the purposes of calculating the buy-out fee under this Rule and for calculating the amount of any surplus, the Administrator must calculate the difference between the target for the target period and the actual performance achieved during the target period, where the target and the actual performance achieved are expressed in the same units, and convert any difference between the two into a quantity of carbon dioxide equivalent, expressed in units of tCO2 equivalent, using the principles, methodologies and calculations set out in the technical annex.

8. SURPLUS

8.1 If a facility is excluded from a target unit, the Operator must determine how any surplus should be distributed between the facilities that have been excluded from the target unit and the facilities remaining in the target unit and must notify the Administrator of the redistribution within 20 working days of the facility being excluded from the target unit.

8.2 If an Operator fails to notify the Administrator of the redistribution in accordance with Rule 8.1 any surplus remains with the facilities remaining in the target unit.

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8.3 If facilities join a target unit, any surplus attributable to those joining facilities may be used by the target unit as a whole.

9. VARIATION BY INCLUSION OF ADDITIONAL FACILITIES

9.1 A facility which is not already included in another umbrella agreement is eligible at any time to be considered for inclusion in an umbrella agreement where:

9.1.1 it is a facility within the meaning of paragraph 50 of Schedule 6; and

9.1.2 it is a facility undertaking the activities set out in Schedule 3 to an umbrella agreement.

9.2 A facility which is not already included in another underlying agreement is eligible at any time to be considered for inclusion in an underlying agreement where:

9.2.1 it is a facility within the meaning of paragraph 50 of Schedule 6;

9.2.2 it is a facility undertaking the activities set out in Schedule 3 to an umbrella agreement; and

9.2.3 it has the same operator as the operator of the underlying agreement under which it will be included, as set out in the technical annex.

9.3 A facility which is already included in another underlying agreement is eligible to be considered for inclusion in a different underlying agreement on or before 30 September 2013 where:

9.3.1 it is a facility within the meaning of paragraph 50 of Schedule 6;

9.3.2 it is a facility undertaking the activities set out in Schedule 3 to an umbrella agreement; and

9.3.3 it has the same operator as the operator of the underlying agreement under which it will be included, as set out in the technical annex.

9.4 A facility which is already included in another underlying agreement is eligible to be considered for inclusion in a different underlying agreement on or after 1 October 2013 where:

9.4.1 it is a facility within the meaning of paragraph 50 of Schedule 6;

9.4.2 it is a facility undertaking the activities set out in Schedule 3 to an umbrella agreement;

9.4.3 it has the same operator as the operator of the underlying agreement under which it will be included, as set out in the technical annex; and

9.4.4 there has been a change of operator of the facility.

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9.5 An additional facility cannot be added to an umbrella agreement or an underlying agreement:

9.5.1 during the final target period under the umbrella agreement or the underlying agreement; or

9.5.2 during the last two months of a target period.

9.6 The administrator may vary the target of a target unit to take account of the inclusion of additional facilities following the principles, methodologies and calculations set out in the technical annex.

9.7 If a Sector Association wishes to add an additional facility to an umbrella agreement or an Operator wishes to add an additional facility to an underlying agreement the Sector Association or the Operator must notify the Administrator not less than two months before the commencement of the next target period setting out:

9.7.1 the name of the Operator of the facility;

9.7.2 the address of the facility;

9.7.3 a description of the facility;

9.7.4 such information as will enable the Administrator to reach a decision on establishing eligibility of the facility, as requested by the Administrator; and

9.7.5 such information as will enable the Administrator to determine the revised target for the target unit, as requested by the Administrator.

9.8 If the Administrator receives a notification under Rule 9.4, the Administrator must serve a notice on the Operator, copied to the Sector Association:

9.8.1 consenting to include the additional facility in an umbrella agreement or an underlying agreement and setting out whether or not it has decided to vary the target, and if so, the revised target (as varied) for the target unit;

9.8.2 refusing consent to include the facility in an umbrella agreement or an underlying agreement, giving reasons for the decision; or

9.8.3 requesting such further information as is required in order to establish eligibility of the facility or reach a decision on the target for the facility.

10. VARIATION BY EXCLUSION OF FACILITIES

10.1 If a Sector Association or an Operator wishes to exclude a facility, or part of it, from an umbrella agreement or an underlying agreement, it must notify the Administrator of the proposed exclusion, setting out:

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10.1.1 the name of the Operator of the facility;

10.1.2 the facility number, or a description of the part that is to be excluded; and

10.1.3 the reason for the exclusion.

10.2 If:

10.2.1 a Sector Association or an Operator has notified the Administrator that it wishes to exclude a facility under Rule 10.1; or

10.2.2 the Administrator has terminated an agreement so far as it relates to an individual facility under Regulation 17(4),

the Administrator may vary the target to take account of the exclusion or termination following the principles, methodologies and calculations set out in the technical annex, and may request such information from the Sector Association or the Operator as it requires in order to determine the revised target.

10.3 If the Administrator decides to vary or not to vary the target under Rule 10.2, it must serve a notice on the Operator, copied to the Sector Association, setting out whether or not it has decided to vary the target, and if so the revised target (as varied) for the target unit.

11. VARIATION OF TARGETS IN OTHER CIRCUMSTANCES

11.1 The Administrator may vary the target to take account of:

11.1.1 any structural changes or other changes to the target unit which the Operator must notify to the Administrator under Rule 3.1.2;

11.1.2 any errors in the data provided to the Administrator for the base year; or

11.1.3 in respect of a target unit which has a Novem ratio target, the removal of a product produced in the target period which was produced in the base year.

following the principles, methodologies and calculations set out in the technical annex.

11.2 The Administrator may request any information of a Sector Association or an Operator as it requires in order to determine the revised target under Rule 11.1.

11.3 If the Administrator decides to vary or not to vary a target under Rule 11.1, it must serve a notice on the Operator, copied to the Sector Association, setting out:

11.3.1 whether or not it has decided to vary the target; and

11.3.2 any revised target (as varied) for the target unit.

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12. VARIATION OF SECTOR COMMITMENT FOLLOWING A REVIEW

12.1 The sector commitment may be reviewed by the Secretary of State during 2016 for the target periods from 1 January 2017 to 31 December 2018 and from 1 January 2019 to 31 December 2020.

12.2 If the Sector Association and the Secretary of State agree on a variation to the sector commitment following a review, the Secretary of State may issue a direction to the Administrator that the sector commitment must be varied and then the Administrator must serve a variation notice on the Sector Association.

12.3 The variation notice must state:

12.3.1 the agreed variation; and

12.3.2 the date from which the agreed variation will take effect.

12.4 The Sector Association must, within 20 working days of receipt of a variation notice, serve notice on the Administrator setting out the proposed distribution of the revised sector commitment between each target unit under the umbrella agreement.

12.5 The Administrator must:

12.5.1 agree to the proposed distribution and vary the targets of each target unit accordingly;

12.5.2 request further information in relation to the proposed distribution; or

12.5.3 refuse the proposed distribution and propose an alternative distribution, giving reasons for the decision.

12.6 If the Sector Association and the Secretary of State fail to agree on a variation of the sector commitment, either party may refer any dispute as to matters of fact to an adjudicator for adjudication, in accordance with the procedure set out in guidance published by the Secretary of State.

12.7 The adjudicator must, on the basis of representations provided to the adjudicator and any additional information considered necessary by the adjudicator, make a finding on the disputed questions of fact and notify the parties of that finding.

12.8 The adjudicator’s finding on a disputed question of fact shall be binding on the parties but it shall be for the Secretary of State and the Sector Association to agree, in the light of that finding, what variations to the sector commitment are required.

12.9 If the Secretary of State and the Sector Association fail to agree on the variation to the sector commitment, the Administrator may terminate the agreement in accordance with Regulation 18.

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13. RIGHT OF APPEAL

13.1 If the Administrator:

13.1.1 decides not to certify a facility or to vary a certificate which has been issued;

13.1.2 serves a notice imposing a buy-out fee under Rule 7 upon determining that a target unit has failed to meet its target; or

13.1.3 decides to vary or not to vary the target for a target unit,

the Operator may appeal to the Tribunal against the decision.

13.2 In respect of an Operator which enters into an agreement after 1 April 2013, the Operator may appeal to the Tribunal against the target that has been set for the target unit by the Administrator.

13.3 For the purposes of Rule 13.2, the date on which notice of the decision is deemed to have been sent to the Operator is the later of the date the agreement is entered into or the date the Administrator sends notice to the Operator of the target for the target unit.

13.4 The grounds on which an Operator may appeal under Rule 13.1 and 13.2 are:

13.4.1 that the decision was based on an error of fact;

13.4.2 that the decision was wrong in law;

13.4.3 that the decision was unreasonable;

13.4.4 any other reason.

13.5 The bringing of an appeal suspends the effect of the decision pending final determination by the Tribunal of the appeal or its withdrawal.

13.6 On determining an appeal under these Rules the Tribunal must either:

13.6.1 affirm the decision;

13.6.2 quash the decision; or

13.6.3 vary the decision.

14. RECORDS AND INFORMATION

14.1 A Sector Association and an Operator must retain records of all information required to be supplied to the Administrator under these Rules.

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14.2 In particular, an Operator must retain:

14.2.1 sufficient records to allow the Administrator to verify whether a target unit has met its target, including sufficient records to allow the accurate verification of throughput and annual consumption of energy of a target unit; and

14.2.2 records of energy saving actions and measures implemented during each target period.

14.3 A Sector Association and an Operator must make all records which it is required to retain under these Rules available for inspection by the Administrator or a person appointed by the Administrator and must provide copies of such records in response to a request by the date specified in the request.

14.4 All records required to be retained under these Rules must be retained throughout the duration of an agreement and for a period of four years following the termination of an agreement.

15. PUBLICATION AND DISCLOSURE OF INFORMATION

15.1 The Administrator must publish such information as required under the Regulations.

15.2 In respect of the disclosure of information other than disclosure of information required to be published under the Regulations, information supplied by a Sector Association or an Operator to the Administrator or the Secretary of State, to any agent of the Administrator or the Secretary of State, or to any person appointed by the Administrator or Secretary of State to carry out an independent audit, may be disclosed without the consent of the Sector Association or Operator, where such disclosure is:

15.2.1 by the Administrator to the Secretary of State, for any purpose connected with the functions of the Secretary of State;

15.2.2 by the Secretary of State to the Administrator, for any purpose connected with the functions of the Administrator;

15.2.3 to a relevant authority, for any purpose connected with the functions of the relevant authority;

15.2.4 to any person appointed by the Administrator or the Secretary of State to carry out an independent audit;

15.2.5 to an adjudicator appointed under these Rules;

15.2.6 to any person appointed by the Administrator or the Secretary of State to act as agent, consultant, adviser or contractor to the Administrator or the Secretary of State, in connection with the functions of the Administrator of the Secretary of State;

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15.2.7 necessary for the purpose of or in connection with any legal proceedings, including the obtaining of legal advice;

15.2.8 required to comply with any Act of Parliament or subordinate legislation made under an Act of Parliament, including requests made under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004; or

15.2.9 required to meet any obligation to the European Union.

15.3 A relevant authority referred to in this Rule means:

15.3.1 either House of Parliament including any committee of either or both Houses;

15.3.2 any Government department;

15.3.3 the European Commission;

15.3.4 the Committee on Climate Change;

15.3.5 the Commissioners of Her Majesty’s Revenue and Customs;

15.3.6 a person or body prescribed by or appointed under Part I of the Environmental Protection Act 1990 or regulations made under section 2 of the Pollution Prevention and Control Act 1999 or any corresponding legislation for Northern Ireland;

15.3.7 any regulator appointed under section 54 of the Competition Act 1998; or

15.3.8 any other public body, regulatory agency or government advisory body, where in the absolute discretion of the Administrator or the Secretary of State, as appropriate, the Administrator or Secretary of State considers that it would be obliged to disclose such information in response to a request for information under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004, if such a request were made.

16. COLLECTION OF CHARGES

16.1 A Sector Association may request the consent of the Administrator to collect charges due from Operators to the Administrator in respect of facilities under the charging scheme.

16.2 If a Sector Association wishes to collect charges due from an Operator to the Administrator under the charging scheme, the Sector Association may serve a notice in writing on the Administrator by the last working day in February in the calendar year in which the charges fall due.

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16.3 A notice served under Rule 16.2 must specify the facilities in respect of which the Sector Association intends to collect charges, being not fewer than 50% of the facilities covered by an umbrella agreement.

16.4 Following receipt of the notice, the Administrator must:

16.4.1 consent to the Sector Association collecting charges; or

16.4.2 refuse consent to the Sector Association collecting charges, giving reasons for the decision.

16.5 If the Administrator consents to the Sector Association collecting charges the Sector Association must:

16.5.1 itemise charges separately in any invoices that it issues in respect of charges;

16.5.2 collect and remit all charges collected to the Administrator without deduction or set off by the last working day in September in each year;

16.5.3 prepare an annual report to the Administrator by the last working day in October in the year in which it has collected charges setting out which Operators it has collected charges from and which Operators have failed to pay charges due to the Sector Association.

16.6 A Sector Association must not actively pursue any outstanding charges after the last working day in September in any year in which they fall due. If a Sector Association receives charges after this date the Sector Association must accept the payment and remit this to the Environment Agency along with information identifying the Operator making the payment.

16.7 If a Sector Association fails to comply with any of its obligations under this Rule the Administrator may serve a notice on the Sector Association that consent to the Sector Association continuing to collect charges is withdrawn at the expiry of 20 working days from the date of the notice.

17. SERVICE OF NOTICES

17.1 Any notice served under these Rules must be in writing and may be served by sending it by post or electronically.

17.2 The address for the service of all notices on the Administrator is:

Postal: Environment Agency Lutra House Dodd Way, Off Seedlee Road Walton Summit, Bamber Bridge, Preston, Lancs PR5 8BX

Electronic: [email protected]

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17.3 The address for the service of all notices on the Sector Association is the address of the person set out in Schedule 2 to the umbrella agreement.

17.4 The address for the service of all notices on the Operator is the address of the responsible person.

Version 3.1 22 UNDERLYING CLIMATE CHANGE AGREEMENT FOR THE FOOD AND DRINK SECTOR Agreement Dated: 10th day of May 2018 Agreement Identifier: FDF1/T00718 v6 TU Identifier: FDF1/T00718

SCHEDULE 2

THE OPERATOR

Wright's Pies (Shelton) Limited (Companies House 00526954)

Whose address for service of all notices under this Agreement is By post: Second Avenue Weston Road Crewe Cheshire CW1 6XQ England

Administrative contact MR. Ian Hopwood

Electronically: [email protected]

SCHEDULE 3

THE SECTOR ASSOCIATION

FDF Climate Change Levy Agreement Ltd

Whose address for service of all notices under this Agreement is By post: 6th Floor 10 Bloomsbury Way London WC1A 2SL England

Sector Contact Mr Stephen Reeson

Electronically: [email protected]

THE UMBRELLA AGREEMENT

The Agreement dated 04 Aug 2017 made between the Administrator and the Sector Association.

SCHEDULE 4

Version 3.1 23 UNDERLYING CLIMATE CHANGE AGREEMENT FOR THE FOOD AND DRINK SECTOR Agreement Dated: 10th day of May 2018 Agreement Identifier: FDF1/T00718 v6 TU Identifier: FDF1/T00718

ACTIVITIES UNDERTAKEN BY A FACILITY FALLING WITHIN THE SECTOR

A facility belongs to the food and drink sector if it is a facility which treats and processes materials intended for the production of food products. For this purpose “food” includes drink, articles and substances of no nutritional value which are used for human consumption and articles and substances used as ingredients in the preparation of food. At an installation or site where refined salt for use in food products or supplements is prepared or processed from minerals.

Version 3.1 24 UNDERLYING CLIMATE CHANGE AGREEMENT FOR THE FOOD AND DRINK SECTOR Agreement Dated: 10th day of May 2018 Agreement Identifier: FDF1/T00718 v6 TU Identifier: FDF1/T00718

SCHEDULE 5

FACILITIES TO WHICH THIS AGREEMENT APPLIES

Facility Site Name & Address EU ETS Identification Identifier FDF1/F0081 Wrights Pies Ltd Crewe 3 2nd Avenue, Weston Road, Crewe, CW1 6XQ, England FDF1/F0112 Crewe Confectionery 8 Second Avenue, Crewe, Cheshire, CW1 6BZ, England

Version 3.0 25 UNDERLYING CLIMATE CHANGE AGREEMENT FOR THE FOOD AND DRINK SECTOR Agreement Dated: 10th day of May 2018 Agreement Identifier: FDF1/T00718 v6 TU Identifier: FDF1/T00718

SCHEDULE 6 TARGET UNIT TARGETS Target Unit Identifier Target Period Target Type Throughput Baseline Primary Baseline Energy Numerical target Unit Throughput Energy (Percentage Consumption reduction from Unit base year)

FDF1/T00718 TP1 Relative tonne 10,158.4 kWh 21,505,434.64 1,806.119 (1 Jan 2013 to (14.685%) 31 Dec 2014)

TP2 Relative tonne 11,954.437 kWh 26,651,549.44 1,917.933 (1 Jan 2015 to (13.972%) 31 Dec 2016)

TP3 Relative tonne 11,954.437 kWh 26,651,549.44 1,863.410 (1 Jan 2017 to (16.418%) 31 Dec 2018)

TP4 Relative tonne 11,954.437 kWh 26,651,549.44 1,808.887 (1 Jan 2019 to (18.863%) 31 Dec 2020)

Version 3.0 26 Wrights Food Group CL1001

Odour Management Plan & Complaints Form

32

Odour Management Plan Odour Complaints Report Form

Time and Date of Complaint: Name and address of complaniant:

Telephone number of complainant:

Date of odour:

Time of odour:

Location of odour, if not at above address

Weather conditions (e.g dry, rain,fog, snow)

Wind Direction (e.g NW)

Complaints decription of odour

What does it smell like?

Intensity (see Below)

Duration time

Constant or intermittent in the period:

Does th ecomplainant have any other comments about

the odour?

Are there any other complaints relating to thr installation, or to that location? (either previously or relating to the same exposure):

Any other relevant information:

Doyou accept the odour likely to be from your activities?

What was happening on site at the time of the odour occurred?

Operating conditions at time the odour occurred?

(e.g flow rate, pressure at inlet and presuure at outlet): Action taken:

Form Completed by: Date: Signed

Intensity 3 Distinct odour 0 No odour 4 Stong odour 1 Very faint Odour 5 very Strong odour 2 Faint odour 6 Extermely strong odour

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1.Introduction

The following document outlines the odour management procedures that will be put in place to control the potential odorous emissions from our Bakery, confectionary and storage facility operation Crewe, to ensure that the risk of adverse odour impact at nearby sensitive receptors is minimised as far as possible.

The site is fully operational and has seen substantial growth that has brought the operation under the scope of the Environment permitting Regulations section 6.8(d)(ii);

The Facility includes our Savoury and Ready Meals, Confectionary Factory, Frozen distribution Centre and Dry Good warehouse are site on an area 7.860 Acres. All buildings are constructed to the highest factory environmental standards.

Savoury and Ready meals site covers 6012 square meter and produces over 80 ton of finished baked and frozen product on a daily basis

Confectionary factory production area of 3718 square meters

Frozen Distribution Centre falls under FSDF regulations

Dry Goods Warehouse for up to 1600 pallets of Packaging material, for continual supply to our production facilities with an area 1280 square meter

The site is an existing site and the techniques have been developed over a number of years and as such this odour Management Plan is developed from current working practices which have been based on previous experience and expert technical advice. The site operates according to very strict food hygiene regulations and is accredited under the BRC Global standard for Food Safety.

The document has been prepared on the basis of the following primary references • BRC Global Standard of Food Safety • Food, drink and Milk best available Techniques • Guidance H4 Odour Management (Environmental Agency)

1.1 Scope and objective of the Odour Management Plan (OMP)

The Odour Management Plan is a working document that details the means by which operator intends to operate the site to manage odour generation and prevent or minimise odour pollution

• The operations and processes that can give rise to odour emission • The characteristics of odour sources • The control measures for operation of the facility

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• Monitoring procedures • Accident and abnormal operation procedures • Management structure and training of staff • Communication • Review of processes • Contingency plan

1.2 Key Personnel and Contact details

Name: Ian Hopwood Engineering Manager 01270504300 Reshima Bunglow Technical Manager Neville Carruthers Group Operation Director

1.3 General description of activities and sites

Wrights Food group is one of the UK’s leading food manufacturers, we supply a wide range of savoury products, cakes and ready meals to many of the UK’s top restaurant brands, food service distributors and independent bakers, as well as 26 overseas export markets. It’s a far cry from our humble beginnings back in 1926, when John James Wright started providing quality, wholesome food for the ordinary working people of Stoke-on-Trent. The food was so good that we still make the first product he ever sold— a meat and pie — using the same 11 original ingredients.

In spite of our exponential growth we have remained a family business; guided by Peter Wright, great-grandson of the founder John Wright. His founding principles of quality, innovation and integrity are still honoured, and it is this drive and passion that has seen over 90 years of continued investment.

Spending in excess of 40 million pounds over the last 20 years on our state of the art manufacturing facilities and distribution centre, we have been able to improve efficiencies, reduce waste, and bring in greater operational flexibility.

Whether we are supplying major restaurant chains, independent bakers or supermarkets, innovation and quality is at the heart of everything we produce. A passion that is further illustrated through the introduction of our sub brands; the traditional, fresh baked bread from our Sheaf Street Bakeryand Urban Bistro our full service vending solution.

None of this would be possible without the unwavering support and commitment from every one of our 570 employees, who ensure our ongoing success.

We believe in making a difference. We believe our name stands for value for money, quality and innovation and with the integrity of our skilled workforce, we aim to provide our customers with a service second to none.

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As Wrights heads towards its land mark centenary, we will remain true to our family heritage of quality wholesome food, that has allowed us to successfully evolve into a major player in the food industry.

State of the art equipment with a personal touch

We make a huge variety of food – and many of our products have been inspired by cuisines from around the world - but it doesn’t mean that we stop creating new dishes to add to our range.

Our development kitchen and innovation suite, coupled with a team of highly skilled Chefs, ensure that the food we produce not only reflects ever changing consumer trends, but also meets the individual requirements of our customer base.

The savoury range can be supplied frozen baked, frozen unbaked or chilled, offering total flexibility for your business. Film wrapping options also provide convenient packaging solutions.

These are just some of the services we can offer:

• New recipe development • Bespoke / limited editions • Seasonal variations • Short run

Whatever your requirements, we are confident we can provide a high quality, market- ready solution. If you have a food idea you’d like to develop our collaborative approach will help bring it to the table.

Over the last 20 years, we have invested more than £40 million in our state of the art manufacturing facilities and distribution centre. This has enabled us to improve our efficiencies, reduce waste, and bring in greater operational flexibility.

Our bakery complex produces more than 3 million savoury products every week. The 40,000 sqft confectionery factory produces up to half a million donuts a week and 30 million cookies each year, alongside dozens of other products.

Whilst scale is important, we never lose sight of the need to provide added value and quality for our customers, which is why many of our products are hand finished and individually crafted.

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Savouries

Our first ever product, a , is still baked and enjoyed today

Over the years we have expanded our range to include almost every variety of pie and fillings imaginable, including traditional favourites and some unique new creations.

Whether it’s a simple grab-and-go sausage roll or a premium pie for a gastropub, there is no compromise in our choice of ingredients, or the level of love and care we put into making each one.

Our savoury range can be supplied frozen baked, frozen unbaked or chilled, offering total flexibility for your business. Film wrapping options also provide convenient packaging solutions.

Prepared Meals

Complete meals, side dishes and sauces

Our ready prepared dishes offer all of the convenience modern living demands without compromising on taste and quality.

By combining the extensive experience of our development chefs with state-of-the-art production facilities, we are capable of reproducing almost any cuisine on a large scale. All meals encapsulate good wholesome food, blending traditional slow cooking methods with the latest manufacturing technology to ensure the depth of flavour comes through in all our meals.

Supporting a broad range of catering sectors – including schools, pubs, restaurants and even commercial airlines – we offer delicious, home style food at affordable pri

Sandwiches & Bread

For clients who need food-to-go

We produce a diverse range of freshly made sandwiches, rolls, Panini’s and salads. Using a variety of fillings to satisfy all tastes and appetites, many products are hand finished by our dedicated employees to ensure our high standards are met.

Many of our sandwiches are made with bread from our very own in-house bakery. Sheaf Street Bakery bakes delicious bread every day, using decades-old recipes that have been tried and tested by generations of food lovers. Our bread is available separately and in retail and catering sized packs.

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Confectionery

Our confectionery offering is as diverse as it is tasty

Including cookies, donuts, muffins, fruit tarts, cream cakes and a range of mouth- watering desserts.

Our highly automated 40,000 sq. ft. confectionery factory can produce up to 900,000 donuts a week and 30 million cookies each year, whilst some of our more intricate cream cakes and éclairs are still individually hand crafted by skilled employees to add that important finishing touch.

Whether frozen, chilled or ambient we can work with our customers to manufacture innovative products to their bespoke requirements and specification.

1.4 Product Storage

The finished product is stored in our frozen distribution centre, in boxes on pallets the product are sealed to prevent spoilage and such the potential for odour generation is nonexistent. Any odours generated would be a serious breach of food hygiene standards

1.5 Production Line Cleaning

There is a clean in place (CIP) system for the 5 spiral freezer on the sites, coils and spiral belt in place are fully automated. This reducing health and safety risk to staff and also the control and of chemicals discharge to sewage. CIP refers to the mixing of chemicals, heat and water that cleans machinery, without dismantling the plant.

The site is subject to regular sweeping and cleaning as stipulated within the BRC Food Safety Standards.

1.6 General Housekeeping

The site is subject to regular sweeping and cleaning as stipulated with the BRC food safety standards

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1.7 Potential odour sources The main odour sources for the site that have the most potential to generate odours if not managed correctly are the storage of ingredients

Area Odour Source Factors that may influence odour emissions

Roof Extraction Baking of Product Over baked product, gas leak, lack of maintenance Cooling Chemical spillage, Equipment Failure, leaking pipework Evaporation

Cleaning Chemical spillage Equipment failure, Overdosing, water Temperature

Waste Disposal Cardboard, food, metal Lack of housekeeping, regular pickups

2.1 Pathways

Potential odours emitted from sources identified above are emitted to the air and have the potential to be conveyed to the nearby receptors through the atmosphere The extent to which odour is detectable downwind and the intensity and character of such odours is dependent on the following factors • The nature and magnitude of the odour emissions released from source • Wind direction and speed • Atmospheric turbulence and the level of dilution as the odours disperse All these factors can exhibit substantial variation

2.2 Receptors

The identification of potentially sensitive receptors has been conducted on the basis that the level of exposure to odours that is likely to generate annoyance in residential premises is considerably lower than the levels which may be generated at commercial premises where general higher tolerance to odour exposure can be expected

2.3 Principles of odour control

The following key factors are of relevance in controlling and minimising odour emissions. • Inventory control • Process control

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2.4 Inventory Control

This is a key part of the odour control strategy for the operation. As the majority of odours would potentially be generated by total failure of food hygiene requirements, inventory control is achieved by ensuring stable long term supply contracts are in place and strict requirements of the food hygiene standard are strictly maintained.

The production processes delivers of all materials from suppliers utilising a programmed delivery. Accordingly, finished goods are despatched to customers so that production volumes are maintained at the required levels.

2.5 Process Control

The most important parameters in maintaining effective management and control of the odour generation process are temperature and condition of the ingredients. The importances of each of these factors are • Temperature of the material will generally be at controlled levels and as such degradation of all materials is unlike to occur • Ingredients condition is vital to prevent excessive odour generation and maintain the requirements of food hygiene regulations. A HACCP plan is in place to identify and prevent situations whereby this may occur. For example, if ingredients are allowed to degrade or accepted in a degraded state odour generation will increase substantially. These will lead to a failure of the HACCP plan which may generate large volumes of product loss.

2.6 Minimisation of evaporation of odorous chemicals

An additional objective of the odour control strategy applied is the prevention or reduction of evaporation odorous chemicals from site. A number of measures are applied to achieve this objective and include • Ensuring that all materials entering and leaving the site are in sealed vehicles • All storage is as short a time as possible • All material are stored and processed according to the HACCP plan.

3. Routine monitoring, recording and reporting

Monitoring of emissions on site to ensure releases do not result in impacts on odour amenity at sensitive receptors. The is includes the inspection of raw materials, the manufacturing process, buildings and equipment to check that emissions are being contained and controlled

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3.1 Monitoring of odour at the site boundary

The routine monitoring techniques to be employed at site sniff test and complaints monitoring are recognised as appropriate tools in current best practice for odour assessments by the Environmental Agency. It is not appropriate to set boundary limit values for sniff tests and complaints monitoring. The routine monitoring techniques do not generate absolute, quantitative results that can be compared to the limit value, but subjective and subject to validation by checking activities on the site and complaints. The monitoring is designed as a trigger for management actions and investigations if they indicate a problem

4. Complaints Monitoring

Separate from the procedural reaction to received complaints, is the monitoring of complaint levels, which is an important tool for assessing the level of odour impact. Complaints are a very important indicator of community dissatisfaction and the technique of complaints monitoring is a powerful tool. However it is important to bear in mind that complaints are only symptom of annoyance or nuisance

5. Recording of results, reporting and actions

Records will be maintained of all monitoring carried out under this odour management plan, including records of the taking and analysis of samples, instrumental measurements, calibrations, examination, sniff test and surveys and any assessment or evaluation made on the basis of such data.

6. Roles and Responsibilities

The commitment of the management team ensures the monitoring of impacts of odour from the facility, which are to be checked and updated as necessary during the detailed design. • The production facilities will be managed by the Group Operations Director. There are further members of the management team who will work shifts to cover the operational hours of the sites. • During night hours and weekend a number of staff will be available on-call • Production staff will also responsible for making observations of general process performance during their shift and observe any unusual odour occurrences and report to the shift managers. • Preventative Maintenance will be provided by Engineering and specialised contractors. PPM schedule are provided for all complex equipment and task.

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6.1 Training and Development

Training and competency of all staff will be controlled by the management team and will be included in the induction training for new employees. Contractors performing task of behalf of the company will be made aware of the policies and relevant management system requirements for the task undertaken.

Staffs responsible for the operation, maintenance or repair of odour critical plant are fully aware of the need to be constantly vigilant with regard to the site odour control and management procedures

Records of odour-critical plant will be maintained to demonstrate compliance, minimising the risk of odour emissions.

7. Complaints Handling and Communications

The Operator will have in place a comprehensive system of monitoring and inspection to check odour control measures are functioning effectively and the sites • How the management team will respond to any odour complaints • How the management will investigate any odour complaints, take the appropriate steps and action • How the management team will communicate to the appropriate bodies routinely and in response to any incidents or planned maintenance.

7.1 Complaints Management and Registration (DEFRA code of practice)

Describes who will be responsible for dealing with different aspects of a complaint.

Publicising contact details for odour complaints Members of the public will be able to contact the Management Team with any odour complaints about the production facility and manufacturing process. Methods of contacting will be displayed at the site, shown on the company website and communicated through meetings. Once a complaint has been received and the details collected, the complaint will be processed in the following action

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Complaints registration

The management team will maintain a record of complaints received alleging potential odour nuisance from the facility • Complaints will be resisted • Complaints data will be recorded in a systematic way, enabling comparison with standards necessary for complaints monitoring and analysis

Collecting the relevant complaints details:

The recommended minimum information that will be need for each complaint: • The time and date when the offensive odour was observed • The location where the offensive odour was observed, e.g. postal address and its sensitivity • The complaints description of odour. This should include a subjective description of all the factors necessary to make an assessment of the impact of odour, including intensity, character (info from Environmental Agency Technical Guidance note H4), relative unpleasantness, frequency and duration • The identity of the complaint if possible • Any other information the complaint can offer on activities at the alleged odour source. It will be necessary to collect, observe the following additional information to allow subsequent analysis and collation of complaints: • Wind direction and speed, and atmospheric stability class at the time of complaint • Any process incident at the time of complaint

Investigation will start with the initial screening of the complaint. If the screening process fails to confirm the odour incident, the odour investigation will stop at that point. If the screening process confirms odour incident, then a more detailed investigation is carried out.

Initial screening should consider the following • Knowledge of potential sources in the locality • Knowledge of potential sources in locality other than the factories • Wind direction at the time of alleged odour episode • Distance and direction of the complaint from site

Further Investigation of the complaint

If the initial screening does not discount the facility as the source of the odour complaint, then further investigation will be carried out, which will confirm an further characterise the odour incident as due to the processes, or it will fail to confirm the incident

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Further investigation will be by the means of a graded response, designed to answer the following • Is the episode due to the facility • How bad is the episode • The reason for the odour

Communication with complainants

The primary reason for further investigation of complaints is to assess potential nuisance and identify the likely cause source of the odour so nuisances can be reduced or stopped. In the case of further, the Operator will communicate to the complainant the course of actions likely to be taken so as to ensure there is transparency and also establish at the outset clear targets and goals for determining the success of any control measure. The level of annoyance associated with odours can often be reduced if affected individuals are provided with credible information about what they are smelling, the process that generates the odour, any factors affecting dispersion, what potential health impacts, what effort are being undertaken to control odours and what is being done in response to their complaint. These actions can help affected individuals to moderate their own emotions of powerlessness and fear which may exacerbated by odours, liason with the local community, offering credible reassurance and taking complaints seriously are often effective means of mitigating odour nuisance. To put into practice the Operator will aim to communicate the following:

• The likely duration of the odour • What plan is in place to end the odour episode • What preventative plan will be implemented to prevent a re-occurrence • What grievance procedure the aggrieved party can be taken • Who is the responsible person onsite to contact

8. Odour Management Plan Updating and Review

The Operator is committed to internal auditing process and developing documented auditing procedures to record the process.

Internal audit process should provide for improvements in the management practice and organisation, to allow the odour management plan to be living document, whereby changes to the plant, equipment and practices that improve the operation of the facility and do not detract from the overall environmental performance, are not unduly delayed.

The Odour Management Plan is to be reviewed and updated as necessary at least on a year basis.

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Odour Report Form Date:

Time of test

Location of Test

Weather Conditions (Dry, rain, fog,snow etc) Temperature (very warm, warm, mild, cold or degress)

Wind strength use BFT

Wind direction

Intensity (see below)

Duration of test Constant or intermittent in the period or persistance

What does it smell like

Receptor sensitivity (see below)

Is the source evident?

Any other comments or observations

Sketch a plan of where the test were taken, potential source

Intensity 3 Distinct odour Receptor Sensitivity 0 No odour 4 Stong odour Low (e.g footath, road) 1 Very faint Odour 5 very Strong odour Medium (e.g industrial or commercail workplace) 2 Faint odour 6 Extermely strong odour High (e.g housibg, pb/hotel etc)

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