COVID-19 and packaging waste: registering as a packaging producer: RPS C9
Published 20 April 2020
Applies to England
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.