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Kite blog

Non-Compliance With The Packaging Regulations

By Andy Fay • Tuesday 17th June 2014

Do you need to remedy any previous year’s non-compliance?

Kite is one of the leading compliance schemes stopping companies from being prosecuted under the Packaging Regulations.

KES Waste

During the summer months, the Environment Agency actively focuses on targeting companies who are obligated but not registered under the Packaging Regulations. The most common cause is that businesses misinterpret the Regulations and think they are to do with back door waste, this leads to them thinking they are already compliant.

Other reasons for not complying include:

  • Not actually being aware of the Regulations at all
  • Companies are adamant that they are not obligated because they don’t purchase any packaging
  • Businesses intentionally do not register under the Regulations to avoid paying (termed free-riders)

As the Packaging Regulations are a legal requirement, any businesses that are found to be non-compliant are subject to criminal prosecution by the Environment Agency.

Recently HIPP UK was required to pay £415,000 for failure to comply with Packaging Regulations. In this situation the company was able to settle ‘out of court’ by submitting an Enforcement Undertaking.


Enforcement Undertaking’s enable companies to assess the costs they should have paid and make an agreement with Environment Agency that they will pay this money (to include a % up lift) to an environmental charity.

If the Environment Agency accept the offer this become legally binding, wiping the slate clean and avoiding a criminal prosecution.

Criminal prosecution for non-compliance with the Packaging Regulations is still an option for the Environment Agency. At Kite we recommend being pro-active if you have previous years non-compliance. Kite are specialists in preparing and submitting Enforcement Undertakings, advising and guiding you through the whole process from registering for the first time to actually compiling your Enforcement Undertaking.

If you think your company may have been obligated in previous years get in touch with the KES team and we’ll provide you with help and confidential advice.  You can call 02476 420080, email or head to for more information.

Andy Fay

Andy Fay

17th June • 2014