Enforcement undertakings in the UK
In December 2019, the Environment Agency (EA) reported that over £236,000 of fines had been issued under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, for the crimes of failing to register, and failing to take reasonable steps to recover and recycle packaging waste.
Between 23 May – 30 November 2019, ten businesses were prosecuted for failing to meet their legal obligations. The largest individual fine of £70,018 was for Kennelpak Ltd, a manufacturer, wholesaler and retailer of pet food; second was German Swedish & French Car Parts Ltd, with a £61,966 fine, and third was Blagden Specialty Chemicals Ltd who were fined £36,500. The money generated from the fines is donated to various UK environmental and ecological charities.
“The Environment Agency is increasingly using this method of enforcement for cases of less serious offending to restore or enhance the environment”
- Environment Agency spokesman
More examples of enforcement can be found in our Packaging Enforcement Guide.
What is the law?
The Packaging Waste Regulations apply to any company in the UK that handles over 50 tonnes of packaging, with a turnover of over £2million. To be compliant, these producers must register with the EA, either by themselves or through a producer compliance scheme. Doing so ensures the packaging placed on the UK market can be monitored, and the appropriate recycling fees can be paid.
Enforcement Undertakings ensure previously non-compliant producers use the money they have saved to contribute to environmental projects and improvements. Remedial actions taken by the non-compliant producers include registering with compliance schemes, assigning/employing responsible persons or specialist staff, and implementing new compliance procedures.
EC4P Best Packaging Recycling Compliance Solution 2019
In a time of rapidly developing packaging regulations, heightened awareness regarding the environmental impact of packaging waste, and increased enforcement undertakings across the EU, Thinkstep Compliance Ltd’s EC4P has been recognised as an industry leading compliance solution.
Thinkstep Compliance’s experience in implementing legally robust compliance solutions saw them win “Best Packaging Recycling Compliance Solution” at the 2019 BUILD awards; an award programme designed to celebrate industry leaders that have innovated and improved Recycling and Waste Management in the UK.
How to avoid penalties and ensure your company complies with Packaging (plus WEEE and Batteries) legislation
Your company needs to make sure that compliance gaps are closed, to remove exposure to tougher and more frequent enforcement undertakings. EC4P has helped many companies to protect their product sales from enforcement by implementing legally robust compliance arrangements for WEEE, Batteries and Packaging. Contact us to find out how we can help your business.
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