Yorkshire packaging businesses face potential fines running into millions of pounds due to an Environment Agency crackdown on breaches of packaging regulations, according to Leeds and Bradford law firm Gordons.
Katherine Southby, head of regulatory at Gordons, said: “The Environment Agency has been conducting a sweep of businesses across Yorkshire, prosecuting for breaches of the Producer Responsibility Obligations (Packaging Waste) Regulations 2007. Each breach of the regulations attracts a criminal penalty of an unlimited fine.”
The regulations apply to any business that manufactures raw materials for packaging or converts raw materials into packaging. It also covers fill packaging - putting goods or products into packaging - selling packaged goods to the final user or importing packaging, packaging materials or packaged goods into the UK.
Katherine continued: “Whilst the cost of a compliance scheme is relatively modest, the Environment Agency has been prosecuting retrospectively for past years' breaches. With time for registration this year still remaining, business owners should immediately check if their packaging requirements have altered and if they are compliant.”
Businesses with a turnover of more than £2m that handle more than 50 tonnes of packaging a year need to either assess and calculate their own obligations under the packaging regulations and submit them to the Environment Agency or join a registered scheme by April 7, 2008. If a business handles more than 500 tonnes a year then it must produce an operational plan by January 31 each year.
Katherine concluded: “It is important to note that if a particular business belongs to a group of companies, then the regulatory requirements can apply to the total amount of packaging handled by the group. This means the regulations also impact upon franchisors and companies that lease property so more people could be caught by them.”
For further information, contact Katherine Southby at Gordons on 0113 227 0100 or email katherine.southby@gordonsllp.com