Cardboard boxes with new regulations stamped on them.

New Sanctions and Data Rules Tighten Packaging Waste Regulations

The Environment Agency (EA) has launched a consultation on new civil sanctions for breaches of packaging waste regulations, which came into effect on January 1, 2025. These measures, enabled by the Environment Act 2021, aim to bolster compliance and allow for swift, proportionate enforcement actions against non-compliance.

New Enforcement Powers and Sanctions

The EA is seeking feedback on updates to its Enforcement and Sanctions Policy (ESP), specifically a new section, Annex 4. This annex details how the EA will apply civil sanctions for violations of the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024. Proposed sanctions include warning notices, variable monetary penalties, and in some cases, criminal prosecution. The policy also outlines how variable monetary penalties will be calculated and how enforcement undertakings will be assessed.

  • Key Takeaways:
    • Consultation open until March 5, 2025.
    • New civil sanctions include warning notices, variable monetary penalties, and criminal prosecution.
    • Unlimited fines possible for actions damaging the regulatory framework's integrity.
    • Focus on ensuring compliance with Extended Producer Responsibility (EPR) for packaging.

Data Collection Requirements for EPR

Organisations affected by EPR for packaging must collect and report data on the packaging they supply within or to the UK market. This data is crucial for calculating recycling obligations and waste disposal fees. The specific data requirements depend on whether an organisation is classified as 'large' or 'small', and whether the packaging is supplied by an entity established in the UK.

Large Producers must report:

  • Packaging activity data (e.g., supplying under own brand, packing, filling, importing).
  • Packaging type data (e.g., household vs. non-household).
  • Packaging class data (e.g., primary, secondary, shipment, tertiary).
  • Packaging material and weight data.
  • Recyclability of certain packaging.
  • Nation data (where packaging is supplied and discarded within the UK).

Small Producers must report:

  • Packaging activity data.
  • Packaging class data.
  • Packaging material and weight data.

Reporting deadlines for 2024 data are April 1, 2025, for both large and small producers.

Understanding Non-Compliance and Penalties

The EA's proposed policy emphasizes that the type and severity of sanctions will consider the impact of a breach on the 'integrity of the EPR regulatory framework,' which includes trust, transparency, reliability, and effectiveness. While fixed monetary penalties of £1,000 are proposed for breaches like failure to report information or keep records, variable monetary penalties may be issued for more serious offences, particularly those involving greater culpability or resulting in an identifiable financial gain for the offender. These new civil sanctions will also extend to the deposit return scheme and digital waste tracking.

Sources

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