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Environment Agency publishes latest packaging enforcement undertakings

The Environment Agency has released its latest enforcement undertakings for companies that have failed to comply with the packaging regulations.

The Environment Agency has released its latest enforcement undertakings for companies that have failed to comply with the packaging regulations.

The report shows there were 19 companies who breached the Producer Responsibility Obligations (Packaging Waste) Regulations 2007 (as amended) over the past 6 months, with costs totalling £341,363.69 – paid in the form of a donation to charity.

The payments are agreed between companies that produce packaging waste and the Environment Agency. Under the Environmental Civil Sanctions (England) Order 2010, companies have the ability to secure an enforcement undertaking rather than face the possibility of a court appearance and potential fine. This is a voluntary offer made by an offender to:

Make sure the offence cannot happen again.

Put right the impact on third parties.

The largest amount paid by a company between 1st October 2020 to 31st March 2021 was £54,880 by Walsh Mushrooms Ltd to the Marine Conservation Society, after the company failed to comply with the packaging regulations from 2007 to 2017.

With Extended Producer Responsibility being phased in from 2023, many more companies will fall under the regulations.

Martin Trigg-Knight

Head of Packaging at Clarity Environmental

Martin Trigg-Knight, Head of Packaging at Clarity Environmental, commented:

“Many of the businesses identified in the Enforcement Undertakings were simply unaware of the packaging regulations and what they entail. We urge any business to review whether they may be obligated and take immediate action to avoid costly prosecution.

“With Extended Producer Responsibility being phased in from 2023, many more companies will fall under the regulations. Communication is vital to ensure those businesses that have previously not been obligated under the current system are aware of how they can comply, playing their part to improve the waste and recycling system in the UK.

Martin added: “Preparing an enforcement undertaking takes a lot of work and a great deal of evidence must be provided to satisfy the regulators that the business has taken the process seriously. We have the expertise and time to support businesses through that process, ensuring timely action is taken.”

What is an enforcement undertaking?

Companies handling more than 50 tonnes of packaging waste and with a turnover of more than £2 million have obligations to comply with Producer Responsibility Obligations (Packaging Waste) Regulations 2007.

Those who do not comply face possible court action. However, the enforcement undertakings allow a company in breach to propose improvements to its operation and make an offer to the Environment Agency of a charitable donation to compensate. Questions have been raised about the charity contributions made by those found to have breached the Packaging and Waste Regulations, and the effectiveness of these in relation to the recycling sector. This will likely change in the coming years as the legislation sees major overhaul and this element was included in the recent Extended Producer Responsibility (EPR) consultation.

Are you compliant with Packaging Regulations?

If your company has a turnover of more than £2 million and handles more than 50 tonnes of packaging waste per year, you may be obligated to comply with Producer Responsibility Obligations (Packaging Waste) Regulations 2007.

Get in touch with our team to find out if you should join a packaging compliance scheme.

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