Retailers agree civil sanction following recycling error
Patrick Jowett | 8 March 2021

The Environment Agency (EA) has accepted enforcement undertaking offers from four high street chains totalling £26,000 plus costs, after the retailers failed to comply with packaging waste regulations.

Zara Home at Briggate Leeds
Zara Home at Briggate Leeds

Zara Home UK, Bershka UK, Pull and Bear UK and Massimo Dutti UK broke rules to ensure that businesses fund the recycling of the packaging waste that they place on the market.

Zara also avoided paying a charge based on how much packaging the company got through in the course of its business in the same period, between 2010 and 2015.

All four companies are owned by the world’s largest apparel retailer, Inditex, who agreed to pay the £26,000 in penalties.

According to an EA officer, businesses producing more than 50 tonnes of packaging a year and with a turnover of over £2 million must register with the Environment Agency or a packaging compliance scheme and meet their responsibilities for recycling waste packaging.

As part of the civil sanction enforced by the Environment Agency, the four companies have put in additional compliance measures and are making financial contributions to two environmental charities.

Keep Britain Tidy will receive £13,000 towards its EcoSchools project, which focuses on waste education, whilst The Marine Conservation Society will also receive £13,000 towards its Beachwatch Programme, which supports litter picking on UK beaches.

EA officer Jonathan Coldicott added: “The companies also agreed to take measures to ensure they comply with their packaging waste responsibilities in the future.

“As well as the charitable contributions, they paid the EA’s full costs. We’re satisfied that they won’t repeat their mistakes again.”

The Environment Agency states it uses enforcement undertakings for suitable cases and reserves prosecution for cases where evidence shows serious environmental harm.

According to the latest data from the Environment Agency, 48 enforcement undertakings were completed by businesses in 2019, which saw environmental groups or projects receive a record £4.8 million from environmental penalties, more than double the £2.1 million received in 2018.

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How will the government and DMOs address the challenges of including glass in DRS while ensuring a level playing field across the UK?

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There's no easy solution to include glass in the DRS while maintaining a level playing field. Potential approaches include a phased introduction of glass, potentially with higher deposits to reflect its logistical challenges. The government and DMOs could incentivise innovation in glass packaging design and subsidise dedicated return points for glass-handling. Exemptions for smaller businesses unable to handle glass might also be necessary. Any successful solution will likely blend several approaches. It must address the differing priorities of devolved administrations, balance environmental benefits with logistical and cost implications, and be supported by robust consumer education campaigns emphasizing the importance of glass recycling.