In the past any organisation obligated under the Packaging Waste Regulations that was 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 when 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 that the Environment Agency can choose from when dealing with non-compliant companies, which are as follows:
Enforcement undertaking – organisations can complete this form, offer a sum of money and put forward a suitable environmental project that they agree to fund with this money
Variable monetary penalties – a fine up to a maximum of £250,000 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 that are 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 6 April 2010 in England and 15 July 2010 in Wales.
How Valpak can help
We can assist you with the Enforcement Undertaking Form by:
- checking and/or submitting your EU Offer Form to the Environment Agency on your behalf
- calculating the costs your business has avoided by not complying
- sourcing and suggesting suitable environmental projects for the business to fund
- helping to coordinate the funding of 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 03450 682 572, or complete our online enquiry form.