**Companies Face £3.5 Million Fine for Non-Compliance with Packaging Regulations**

Since 2011, UK businesses have collectively paid over £3.5 million in fines for violating the Packaging Regulations. These regulations require any UK company with an annual turnover exceeding £2 million to evaluate the amount of packaging associated with the goods they place on the UK market. If this exceeds 50 metric tons per year, companies are obligated to pay a levy, commonly referred to as a “green tax,” which supports the recycling of packaging waste.

Introduced in 1997, the Packaging Regulations aimed to reduce the volume of packaging waste sent to landfills. The tax is calculated based on the weight of packaging, categorized by material type, that a company places on the UK market annually. The exact amount of tax depends on the specific activities involved, such as manufacturing, converting, filling, or selling packaged goods. Additionally, companies importing raw materials, components, or finished products into the UK face further complexities in determining their obligations.

Most businesses opt to join a Packaging Compliance Scheme to ensure compliance. One of the leading schemes in the UK is Kite Environmental Solutions. However, many companies contacted by Kite are initially unaware of their responsibilities under the Regulations. This raises the critical question: What happens when a company realizes it has neglected to register in prior years?

Kite's team of experts has developed a solution under the Civil Sanctions framework, which came into effect in 2011. These sanctions allow companies to make an "Enforcement Undertaking Offer," effectively clearing past non-compliance issues without resorting to court proceedings. Prior to this, the only enforcement option available to the Environment Agency was to pursue legal action against non-compliant businesses.

Enforcement Undertakings aim to create a fairer environment by encouraging companies to self-report past registration failures. The process involves calculating the registration and levy fees that would have been due had the company registered in previous years. Companies are then required to pay 110% of these amounts to an environmental charity. Navigating this process can be challenging, so Kite provides comprehensive support, from preparing and submitting the necessary documentation to managing the entire undertaking on behalf of its members.

In cases where the Environment Agency discovers non-compliance and requests a retrospective "reactive" Enforcement Undertaking, companies must pay 130% of the avoided costs. Since 2011, the majority of these undertakings—64%—have been reactive, indicating that the Environment Agency identified non-compliance. Kite, however, has taken a proactive approach, ensuring that 100% of its Enforcement Undertakings fall under the less costly 110% category.

Kite’s recommendation is straightforward: All affected companies should register as soon as possible. From initial guidance to annual data assessments, Kite specializes in simplifying compliance. For companies that realize they should have registered in prior years, Kite’s Enforcement Undertaking team can handle the entire process, ensuring your business becomes fully compliant again.

If you need confidential advice regarding the Packaging Regulations and how they might apply to your business, please contact Kite at 02476 420 080. One of our specialists will be happy to assist you.

Visit our website for more information.

Kite is an employee-owned company—trust us to guide you through the complexities of compliance.

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