Guidance

COVID-19 and packaging waste: registering as a packaging producer: RPS C9

Published 20 April 2020

This guidance was withdrawn on

This COVID-19 RPS has expired and can no longer be used.

Applies to England

© Crown copyright 2020

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/covid-19-and-packaging-waste-registering-as-a-packaging-producer-rps-c9/covid-19-and-packaging-waste-registering-as-a-packaging-producer-rps-c9

This COVID-19 regulatory position statement (RPS) relates to the requirement for obligated packaging producers, on or by 7 April each year, to:

  • register with the Environment Agency, either directly or through a compliance scheme
  • provide complete and accurate information with the application

Usually, if obligated packaging producers do not meet these requirements, or they provide false or misleading information, we can take enforcement action and charge:

  • an additional late registration fee of £110
  • a re-submission fee of £220

When this COVID-19 RPS applies

This COVID-19 RPS only applies to obligated packaging producers who have been unable to do one or both of the following:

  • register with the Environment Agency directly or through a compliance scheme on or before 7 April 2020
  • provide accurate and complete information with the application

They must have been unable to comply with these requirements because of coronavirus (COVID-19) and the measures the government has introduced.

We will not take enforcement action or charge an additional fee where an obligated packaging producer has either:

  • not registered
  • registered but provided inaccurate or incomplete information

This is provided they comply with the limitations and conditions in this COVID-19 RPS.

Limitations and conditions you must comply with

This COVID-19 RPS only applies if it was not reasonably practicable to register as an obligated packaging producer or provide accurate and complete information (or both) by 7 April 2020 due to the impacts of coronavirus (COVID-19).

Condition 1 – registration

You must apply to register directly with the Environment Agency or through a compliance scheme as soon as reasonably practicable, and in any event by 7 July 2020.

You must fully document how the impacts of coronavirus (COVID-19) affected your ability to register by 7 April 2020 and any measures you have taken in response. You must keep these documents for 12 months and make them available to the Environment Agency on request.

Condition 2 – information provided

You must:

  • have taken appropriate measures to provide information that is as accurate and complete as possible
  • supply the correct and complete information as soon as reasonably practicable, and in any event by 7 July 2020
  • document the reasons why the information you provided was inaccurate or incomplete (or both)
  • keep these documents for 12 months and make them available to the Environment Agency on request

Enforcement

A COVID-19 RPS means that the Environment Agency will not normally take enforcement action against you provided:

  • your activity meets the description set out in this COVID-19 RPS
  • you comply with the limitations and conditions set out in this COVID-19 RPS

When to check back

This COVID-19 RPS will be withdrawn on 8 July 2020 unless we extend it.

After this date we will apply the existing regulatory provision and charge late registration and re-submission fees.

Contact the Environment Agency

You can contact the packaging team by emailing packaging@environment-agency.gov.uk.

Back to top