Environmental enforcement undertakings—packaging waste—tracker
Published by a LexisPSL Corporate Crime expert

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Environmental enforcement undertakings—packaging waste—tracker
  • Packaging waste breaches

Environmental enforcement undertakings—packaging waste—tracker

STOP PRESS: The Environment Agency has published updated details of new enforcement undertakings accepted between 1 January and 31 May 2022. See: LNB News 23/06/2022 106. This Practice Note is being updated to reflect this change.

Regulatory Enforcement and Sanctions Act 2008 enables regulators to be given powers to deal with offences using civil sanctions, including environmental enforcement undertakings, instead of commencing a criminal prosecution. The Environment Agency (EA), Natural Resources Wales (NRW) and Natural England (NE) have the power to impose enforcement undertakings in relation to a number of  offences under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, SI 2007/87 (PRO(PW)R 2007).

An enforcement undertaking is a written undertaking to take actions within a specified period:

  1. to secure the offence does not continue or recur

  2. to restore the position so far as possible to what it would have been had the offences not been committed

  3. to benefit a third party (including, where appropriate, a money payment), or

  4. to secure equivalent benefit or improvement to the environment, where it is not possible to restore the harm caused

Those who breach environmental regulation can, where an enforcement undertaking is available for the particular offence, set out how they propose to put the matter right and submit their proposal to their environmental regulator. If the regulator accepts their proposals, the enforcement undertaking becomes a legally binding voluntary

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