In the past any organisation obligated under the Packaging Waste Regulations and found not to be complying would have faced criminal prosecution. The introduction of civil sanctions in January 2011 means that there are now more options available to the Environment Agency for dealing with non-compliant organisations. This is a positive change because organisations that have been non-compliant in the past may not necessarily face criminal prosecution.
There are 3 routes the Environment Agency can choose when dealing with non-compliant companies:
- Enforcement undertaking – you can complete this form and offer a sum of money and put forward a suitable environmental project that you agree to fund with this money.
- Variable monetary penalties – a fine up to a maximum of £25,000 based on the severity of the offence
- Prosecution – an option which may be used for the very worst offences
Who is Affected?
Civil Sanctions are currently only available to non-compliant organisations based in England and Wales. You should also note that to go down the civil sanctions route your organisation must have been non-compliant with the Packaging Waste Regulations after 06 April 2010.
How Can We Help?
We can assist you with your Enforcement Undertaking Form. We can:
- Check and/or submit your EU Offer Form to the Environment Agency on your behalf
- Calculate the costs you have avoided by not complying
- Source and suggest suitable environmental projects for you to fund
- Help co-ordinate the funding of the environmental projects
If you would like more details about how we can help with any of the above, please contact one of our dedicated technical advisors on 08450 682 572, or complete our online enquiry form.