Chemicals sector offences
Updated 21 February 2024
Applies to England
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This publication is available at https://www.gov.uk/government/publications/offence-response-options-environment-agency/chemicals-sector-offences
1. The Control of Mercury (Enforcement) Regulations 2017
These regulations allow for civil penalties. Find the details in our Enforcement and sanctions policy.
Regulation 41(1):
Failure to comply with a relevant law relating to mercury.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 41(2):
Failure to comply with an enforcement notice.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 41(3):
Failure to comply with an information notice.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 41(4):
Knowingly providing false or misleading information in connection with the performance of any function conferred on the Environment Agency.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 41(5):
Failure to produce a document or record when required to do so by the Environment Agency.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 43(1):
Intentional obstruction against a customs official performing a function under regulation 33.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 43(2):
Failure, without reasonable excuse, to provide information to a customs official performing a function under regulation 33.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 43(3):
Knowingly providing false or misleading information to a customs official in connection with the performance of any function under regulation 33.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 43(4):
Failure to produce a document or record for a customs official performing a function under regulation 33 when required to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 44(1):
Intentional obstruction against an officer performing a function under regulation 39 (offshore installations).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 44(2):
Failure, without reasonable excuse, to provide information to an officer performing a function under regulation 39 (offshore installations).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 44(3):
Providing an officer, who is performing a function under regulation 39 (offshore installations), relevant information knowing it to be false or misleading.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 44(4):
Failure to produce a document or record for an officer, who is performing a function under regulation 39 (offshore installations).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 46(1):
Criminal liability of officers in relation to offences that their company (body corporate) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 46(3):
Criminal liability of officers in relation to offences that their company (partnership) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 46(4):
Criminal liability of officers in relation to offences that their company (unincorporated association) is guilty of and which are proved to have been committed with the consent, connivance or attributable to their neglect.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
2. Environmental Protection (Disposal of Polychlorinated Biphenyls (PCBs) and other Dangerous Substances) (England and Wales) Regulations 2000
Regulation 13(1):
Holding contaminated equipment without registration, unless decontaminating or disposing of the equipment.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 13(2)(a):
Holding PCBs in breach of regulation 4(1).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- compliance notice
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 13(2)(b):
Failure to dispose of PCBs or equipment used for research or analysis, as soon as possible after they are no longer required for analysis or research, in accordance with regulation 4(2)(b).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 13(2)(c)(ia):
Failure to decontaminate or dispose of equipment which may be held pursuant to regulation 4(3A) until the end of its useful life, as soon as possible after the end of its useful life.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 13(2)(c)(ib)
Failure to decontaminate or dispose of equipment which may be held pursuant to regulation 4(3C) until 31 December 2025, as soon as possible after 31 December 2025.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 13(2)(c)(iii)
Failure to decontaminate or dispose of equipment in a case to which paragraph (9) of regulation 4 applies (components), as soon as possible after the end of the useful life of the other piece of equipment of which it is part.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 13(3):
Failure of a holder of a decontaminated transformer or of contaminated equipment to label the equipment as detailed in regulation 4(4d) and 5.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanctions we can impose are:
- fixed monetary penalty
- variable monetary penalty
The civil sanction which can be offered is:
- enforcement undertaking
Regulation 13(4)(a):
Provision of false or misleading information in relation to registration of PCBs and PCB contaminated equipment as required by regulation 6.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Regulation 13(4)(b):
Failure to supply information required by regulation 10(2) when annually reregistering contaminated equipment. Failure to supply information as requested by a notice served under regulation 10(4).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Regulation 13(4)(c):
Knowingly or recklessly supplying false or misleading information in relation to regulation 6(1), 10(2) or 10(4).
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
The civil sanction we can impose is:
- variable monetary penalty
Regulation 10:
Where a person is entitled to hold PCB contaminated equipment and has been registered in accordance with regulation 6, the registration should be renewed annually (regulation 10).
3. Persistent Organic Pollutants Regulations 2007
Regulation 5:
Producing, placing on the market or using a substance in contravention of Article 3 of regulation (EC) No 2019/1021.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 6(1):
Failing, where a stockpile contains any substance listed in Annex I or II of regulation (EC) No 2019/1021, for which no use is permitted, to manage that stockpile as waste and in accordance with Article 7 of regulation (EC) No 2019/1021.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 6(2):
Failing, to provide information concerning the nature and size of a stockpile of Annex I or II substances, the use of which is permitted, greater than 50kg, by the due date.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 6(3):
Failing, where the stockpile is greater than 50kg and contains any substance listed in Annex I or II of regulation (EC) No 2019/1021 the use of which is permitted, to manage that stockpile in a safe, efficient and environmentally sound manner.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 7(1):
Failing (producers and holders of waste) to undertake all reasonable efforts to avoid contamination of the waste with substances listed in Annex IV of regulation (EC) No 2019/1021.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 7(2):
Failing (any producer or holder of waste) to dispose of or recover any waste, consisting of, containing or contaminated by any substance listed in Annex IV in accordance with Article 7(2) of regulation (EC) No 2019/1021.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 7(3):
Operating a disposal or recovery operation that may lead to recovery, recycling, reclamation or re-use of substances listed in Annex IV of regulation (EC) No 2019/1021.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
4. Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Enforcement Regulations 2008
Regulation 11(1):
Contravention of a listed REACH provision or causing or permitting another person to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 11(2):
Contravention of Article 67 of REACH or causing or permitting another person to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 11(3)(a):
Providing a false defence exemption certificate or false copy, or causing or permitting another person to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 11(3)(b):
Failing to provide a defence exemption certificate, copy of certificate made by the Secretary of State or a copy of an extract of the certificate made by the Secretary of State, when requested, or causing or permitting another person to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 11(4):
Supplying or using leaded paint in contravention of paragraph 5(b) or 6 of Part 1 of Schedule 5 or causing or permitting another person to do so.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(1)(a):
Intentionally obstructing an Environment Agency officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(1)(b):
Intentionally or recklessly making a false or misleading statement.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(2)(a)(i):
Failure to comply with any requirements of an Environment Agency officer exercising their powers under Schedule 6 (powers of enforcement) without reasonable excuse.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(2)(a)(ii):
Failure to comply with a notice described under Schedule 6.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(2)(b)(i):
Failure or refusal to provide facilities or assistance to an Environment Agency officer when reasonably requested.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(2)(b)(ii):
Failure or refusal to permit any inspection when reasonably requested by an Environment Agency officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(2)(c):
Prevent any other person from appearing before an Environment Agency officer or answering any question to which an Environment Agency officer may require an answer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(4):
Impersonating an Environment Agency officer.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
Regulation 13(5):
Disclosure of information received from the Commissioners for Revenue and Customs, which relates to a person whose identity is specified or may be deduced in or from the disclosure without prior consent of the Commissioners or pursuant to a legal obligation.
The standard criminal and offence specific responses are:
- warning
- formal caution
- prosecution
5. Version control
December 2020
Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 – we have added additional offences and amended regulations 13(2)(b), 13(2)(c)(ia), 13(2)(c)(ib) and 13(2)(c)(iii).
Persistent Organic Pollutants Regulations 2007 – we have replaced references to regulation (EC) No 850/2004 with regulation (EC) No 2019/1021 for regulations 5, 6(1), 6(3), 7(1), 7(2) and 7(3)