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Consultation opens on enforcement of packaging waste regulations

The Environment Agency seeks feedback on proposed civil sanctions for breaches of pEPR regulations, including warning notices, variable monetary penalties, and criminal prosecution.

Packaging item for returnThe Environment Agency (EA) has opened a consultation seeking input on proposed updates to its Enforcement and Sanctions Policy (ESP).

The changes include the addition of a new section, Annex 4, under the Environment Act 2021. This annex is designed to clarify how the EA intends to apply civil sanctions, such as for the enforcement of the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, which took effect on 1 January 2025.

The Environment Act 2021 regulates a number of regimes, including extended producer responsibility for packaging (pEPR), the deposit return scheme, digital waste tracking, hazardous waste, and international waste shipments.

A Defra spokesperson commented on the new civil sanctions: “Through the Environment Act 2021, we introduced a range of new civil sanctions that will give the Environment Agency a greater range of options to help ensure maximum compliance with incoming environmental regulations, including extended producer responsibility for packaging.”

Annex 4 provides detailed information about the EA’s expanded enforcement powers and outlines what type of civil sanction will be imposed for breaches of pEPR regulations. These include the issuance of notices, warning letters, civil penalties, and in some cases, pursuing criminal prosecution. The annex also explains how the agency will calculate variable monetary penalties and assess enforcement undertakings.

The Defra spokesperson added: “The new civil sanctions will aid the Environment Agency’s ability to secure compliance with environmental regulations and will enable it to take swift and proportionate enforcement action in response to non-compliance with regulatory requirements.”

The consultation aims to gather stakeholder feedback on several aspects of the proposed amendments, including:

  • The clarity of the proposed sanctions, and how they will be used
  • The methodology for calculating variable penalties
  • The approach for accepting or rejecting enforcement undertakings

Open until 5 March 2025, the consultation invites views from businesses and industry representatives to ensure the proposed changes are effective and reasonable.

The consultation does not include any matters relating to Annex 1, Annex 2, or Annex 3 of the ESP, or on the principles of the main ESP itself.