Middletons in charity payment after packaging rules breach

Under the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, it has paid 12,650 to the Woodland Trust after accepting what is formally known as an Enforcement Undertaking.

By not beingregisteredunder the regulations, the business will have saved money by not having to buy PRNs, packaging waste recovery notes.As witha number of businesses in the situation, itcan be the case that the business is unaware of the rules particularly if it grows to above the threshold for eligibility under the packaging waste rules.

Rather than facing the possibility of a court appearance and a potential fine, Party Pieces instead has taken up an option given to it by the Environment Agency of making a donation to charity.And, the business has now signed up to meet the requirements of the laws and changed itsmanagement reporting system.

A spokeswoman for the Environment Agency said: “Party Pieces was not complying with packaging waste regulations, however they have since changed the way they operate and volunteered a donation of 12,600 to the Woodland Trust. The donation was made in accordance with Civil Sanctions, which are a proportionate and cost-effective way for businesses to make amends for less serious environmental offences.

Party Pieces needed to register because businesses with an annual turnover of more than 2 million and who handle more than 50 tonnes of packaging a year are required to meet their obligations under the packaging waste regulations, usually through the purchase of PRNs packaging waste recovery notes.

The Environment Agency has revealed the payment to the Woodland Trust as being made by Party Pieces between February and July this year.

The business, which uses large amounts of cardboard boxes and other materials to despatch its products, gave the money on a reactive rather than self-reported basis.

It is unclear when the business, which was formed in 1987, had to first comply with the regulations.

The Environment Agency explains that a reactive offer, made by a company involved with an alleged offence, comes where we have notified you that we intend taking criminal or civil action against you for this alleged offence.

The Party Pieces business, which operates as a Partnership from offices and warehouses in the Berkshire countryside, has now registered with the Wantage-based Paperpak compliance scheme to meet its future packaging waste obligations. Connie Smith, general manager of Paperpak, recently told letsrecycle.com that she had no comment on the matter.

Mr and Mrs Middleton have agreed a number of actions to ensure that they do not repeat or continue the alleged packaging waste offence(s). This includes the introduction of an internal compliance programme and methodology as well as quarterly management reviews.

Agreement by the Agency to accept the financial offer, rather than going down the route of taking the business to court for the alleged offence(s), comes under the civil sanctions regime available to the Agency. The offers are known as Enforcement Undertakings, described as an offer formally accepted by the regulator, to take steps that would make amends for non-compliance and its effects.

Explaining the concept of civil sanctions, the Agency has said: Civil Sanctions provide us with new ways to protect the environment. They focus on investment in environmental clean-up rather than paying fines.

Civil sanctions do not replace any of our current enforcement tools. They provide us with a more flexible range so that we can choose the most appropriate enforcement action when an offence occurs.”

The Agency added: We will still prosecute serious offenders, but we will be able to use alternative sanctions with legitimate businesses who are trying to do the right thing. They will be able to put right the damage they have done.

Paperpak offers potential new members advice about Enforcement Undertakings on its website. It says: If you have only just found out about the regulations and should have previously been registered, Paperpak can help remedy the situation with an Enforcement Undertaking.

Party Pieces did not respond to requests for a comment on the matter.

• A number of other businesses have also been recently listed by the Environment Agency under the Enforcement Undertakings procedure. These include Bennelong Golf, trading as Crown Golf, which as registered with DHL and made a 21,819 donation to the Wastebuster Community Interest Company and Blue Skies Holdings Ltd which donated 19,100 to Pitsford Church and Boston Woods Trust.