Amendment to the Producer Responsibility Obligations (Packaging Waste) Regulations 20078

The Producer Responsibility Obligations (Packaging Waste) Regulations 200714 are amended by inserting the following after regulation 40—

Civil sanctions40A

1

The Environment Agency may impose a fixed monetary penalty or variable monetary penalty, or accept an enforcement undertaking, in relation to an offence specified in the following Table of civil sanctions, as indicated in that Table, as if it were an offence under a provision specified in relation to that sanction in Schedule 5 to the Environmental Civil Sanctions (England) Order 2010.

Table of civil sanctions

Offence under these Regulations

Fixed monetary penalty

Variable monetary penalty

Enforcement undertaking

regulation 40(1)(a)

Yes

Yes

Yes

regulation 40(1)(b)

No

Yes

Yes

regulation 40(1)(c)

Yes

No

No

regulation 40(3)

No

Yes

Yes

regulation 40(7)

No

Yes

No

regulation 40(8)(a)

No

Yes

Yes

regulation 40(8)(b)

Yes

No

No

2

The terms used in this regulation have the same meaning as in that Order.

3

The provisions of that Order in relation to those sanctions apply as if they were provisions of those Regulations.

4

This regulation applies only in England.