SEPA to investigate "Free Loaders"
Issued on 1 May 1998 - Ref 19/98
The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 came into force on 6 March 1997. Under the regulations, all obligated companies had to be registered with either SEPA or the Environment Agency (as appropriate), or join a compliance scheme by 31 August 1997 and by 1 April in subsequent years.
Current data indicates that up to a third of obligated companies have not registered. SEPA is now launching investigations into these "free loaders" as well as businesses failing to renew their registration. Enforcement staff will be either writing to, or visiting, identified businesses that may be obligated, to ensure they are aware of the requirements of the legislation.
Should the companies, after due process, not supply sufficient information to prove that they should not register, SEPA has the right to carry out an audit programme to determine the case. If the audit proves the company is obligated, then the agency's licensing team can refer the case to the Procurator Fiscal for prosecution.
A conviction could carry a fine of up to £5000 under summary procedure or unlimited under indictment.
NOTE:
The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 implement the European Community Directive on Packaging and Packaging Waste (94/62/EC) which requires Member States, including the UK, to bring legislation into force to:
ENDS
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