Posted By teaboy
Does anyone have a link to tangible evidence of enforcement action with regards to the above Regs?, not much on the HSE website (unless i missed it) and i need to make a point with the MD

ta

Posted By Kenneth Patrick
This is enforced by EA not HSE. I have read about prosecutions, on the EA website, but from memory they were for not registering. In ten years I have two compliance visits from EA inspectors on this topic.

Posted By Heather Collins
You're potentially in trouble....

Try here http://www.environment-a....uk/news/1912871?lang=_e

And there are examples like this every single month on the Agency website.

Bear in mind this doesn't actually apply to the waste packaging you generate yourself on your site (other than from imports), it applies to packaging that you either manufacture or that you put your own products into to put into the marketplace. There are thresholds both of turnover (£2 million) and amount of packaging handled (50 tonnes) that determine whether you need to either register or join a compliance scheme (or neither if below the thresholds)

My company has been registered for 10 years so I have a bit of experience of these Regs. They are not the easiest I have ever dealt with!

Start here for guidance http://www.environment-a.../1789660/136872/?lang=_e

Posted By Bob Youel

Sorry to add woe but:

You are probably out of compliance for many areas and note that the EA are not as friendly, easy going, helpful [usually] as the HSE, VAT man etc and they can spot fine with the 'producer' [your boss] having less ability to mitigate that in H&S!

Having said that contact then, hold your hands up and go from there

Environmental areas are some of the most in depth and complicated areas that there are so you need competent advice & support - Contact IEMA

Posted By Chas
I have read recently that the EA and Bristol Magistrates Court has fined a multi-million pound mushroom producing company £6795 for failing to register, recover and recycle waste packaging. I have not got a link to the case but the EA or Bristol Magistrates Court should have info. Hope this is of interest.

Posted By Robert K Lewis
I would simply go for registration asap and not worry about the past situation. I have never found the owning up to a problem to work with the EA. If they ask the question then answer honestly having spoken to a decent environmental solicitor first.

Bob

Posted By Heather Collins
Mike

I will admit we also made some fundamental mistakes in the early years with the calculations, as the guidance is not straightforward. However I've found the EA to be very fair although obviously they have to apply the rules.

I also have a spreadsheet for calculating obligations, but as we are directly registered with the Agency rather than a compliance scheme, I am now using the electronic registration form, which does all the calculations for you. This was a great deal easier last year than doing it all myself.

This year we can also submit the certificate of compliance and operational plan electronically and all in all the online system (which is easy to use) has made the whole process much more user friendly.

Now if anyone has a fool-proof method of accounting for all their imported transit packaging without a totally disproportionate amount of work, I'd love to know!

Posted By Heather Collins
Mike

You're ahead of me - I'm still waitng for the Agency to validate the account of my new "approved person" so I can submit the CofC.

Yes, the operational plan requirement has changed this year. We too handle over 500 tonnes but have an obligation below that figure. Frankly the operational plan was a waste of time and paper anyway at our level.

Most companies seem to opt for the compliance scheme route and direct registration seems to be in the minority. Did you ever consider a compliance scheme? We never did and as the most complex part is data collection which we'd have to do ourselves anyway, I don't intend to change.

Apologies to the OP for hijacking his thread!