Policy paper

Waste offences

Updated 28 June 2024

Applies to England

1. Environmental Protection Act 1990 (EPA)

Section 33(1)(a):

Depositing, knowingly causing or knowingly permitting the deposit of controlled waste or extractive waste on land without, or other than in accordance with, an environmental permit.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• stop notice

Section 33(1)(b):

Submit controlled waste or knowingly cause or knowingly permit controlled waste to be submitted to a listed operation, other than as operated within section 33(1)(a) without, or not in accordance with a permit.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• stop notice

Section 33(1)(c):

Treating, keeping or disposing of controlled waste or extractive waste in a manner likely to cause pollution or harm human health.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• stop notice

Section 33(5):

Controlling, or being in a position to control, a vehicle carrying controlled waste or from which controlled waste is deposited in contravention of section 33(1)(a) EPA 1990, or both.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(1)(a) and 34(6):

Failure to take reasonable measures to prevent any contravention by any other person of section 33 of the EPA 90.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(1)(aa) and 34(6):

Failure to take reasonable measures to prevent any contravention by any other person of regulation 12 of the Environmental Permitting Regulations or of a condition of an environmental permit.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(1)(b) and 34(6):

Failure to take reasonable measures to prevent the escape of waste from their control or that of any other person.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(1)(c)(i) and 34(6):

Failure to take reasonable measures to ensure that the transfer of waste is to an authorised person or to a person for authorised transport purposes.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(1)(c)(ii) and 34(6):

Failure to take reasonable measures to secure that there is a written description of the waste that will enable other persons to avoid a contravention of section 33 EPA or regulation 12 of the Environmental Permitting Regulations or a contravention of a condition of an environmental permit or the duty as relates to the escape of waste.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(1A)(a) and 34(6):

Failure by any person who is responsible for the management of extractive waste to take reasonable measures to prevent any contravention by any other person of section 33 of the EPA 90.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(1A)(b) and 34(6):

Failure by any person who is responsible for the management of extractive waste to take reasonable measures to prevent any contravention by any other person of regulation 12 of the Environmental Permitting Regulations or of a condition of an environmental permit.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(1A)(c) and 34(6):

Failure by any person who is responsible for the management of extractive waste to take reasonable measures to prevent the escape of waste from their control or that of any other person.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(2A) and 34(6):

Failure by a householder to take reasonable measures in the circumstances to ensure that waste is passed to an authorised person or person for authorised transport purposes.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(5) and 34(6):

Failure to incorporate certain specified information on a transfer note or failure to make or retain transfer notes.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34(5) and 34(6):

Failure to comply with a section 34(5) notice to furnish transfer notes.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

Section 34ZA(14)(a):

Failure to give a name or address when required to do so under subsection (13).

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 34ZA(14)(b):

Giving a false or inaccurate name or address in response to a requirement under subsection (13).

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 44:

Knowingly makes a statement which is false or misleading, or recklessly makes any statement which is false or misleading.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 59(5):

Non-compliance with a section 59 EPA 1990 notice.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 59ZB(6):

Failure to comply with the requirement to remove waste from land.

The standard criminal and offence specific responses are: 

• warning
• formal caution
• prosecution

Section 71(3):

Non-compliance with a Section 71 EPA 1990 notice.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

Section 157(1):

Criminal liability of directors, managers and secretaries 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.

This does not require enforcement action against the first party and different responses can be given to each.

Civil sanctions are only available for this offence where they are available for the offence for which the body corporate is guilty.

Section 157(2):

Liability of members of a body corporate where they manage the company affairs.

This does not require enforcement action against the first party and different responses can be given to each.

Civil sanctions are only available for this offence where they are available for the offence for which the body corporate is guilty

Section 158:

Criminal liability for the offence committed by any person where the commission of that offence was due to another persons act or default.

The standard criminal and offence specific responses are: 

• warning
• formal caution
• prosecution

2. Control of Pollution (Amendment) Act 1989

Section 1(1):

Carrying controlled waste while unregistered.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 5(7)(a):

Failure, without reasonable excuse, to produce evidence of carrier registration.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• fixed penalty notice

Section 5(7)(b):

Failure to give any assistance reasonably requested when asked to produce evidence of carrier registration.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 5(7)(c):

Obstruction.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 7(3)(a):

Failing to provide information.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 7(3)(b):

Provide false or misleading information or recklessly provides information which is false or misleading in a material particular.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Section 7(5):

Offence by other person.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

This does not require enforcement action against the first party and different responses can be given to each. You should refer to the public interest factors.

Section 7(6):

Offence by officer or manager of a body corporate.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

This does not require enforcement action against the first party and different responses can be given to each.

3. Waste (England and Wales) Regulations 2011

Regulation 42(1)(a):

Failure to register as a waste broker or dealer.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 42(1)(b):

Failure to comply with a notice requiring compliance, notice requiring restoration or notice prohibiting an activity.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 30(1):

A person fails to inform of change of details affecting their entry on the register within 28 days of the change.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

This is not an offence but in this instance we may remove them from the register until they supply the correct details.

Regulation 44(1):

Offence where a director, manager, other similar person or person purporting to act in that capacity in relation to an offence under regulation 42(1) offence that their company (body corporate) is guilty of and which is proved to have been committed with their consent, connivance or attributable to their neglect.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

This does not require enforcement action against the first party and different responses can be given to each.

Regulation 44(3):

Offence where a partner in relation to an offence under regulation 42(1) offence that the partnership is guilty of and which is proved to have been committed with their consent, connivance or attributable to their neglect.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

This does not require enforcement action against the first party and different responses can be given to each.

Regulation 44(5):

Offence where an officer of an unincorporated association, in relation to an offence under regulation 42(1) that the unincorporated association is guilty of and which is proved to have been committed with their consent, connivance or attributable to their neglect.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

This does not require enforcement action against the first party and different responses can be given to each.

4. Producer Responsibility Obligations (Packaging Waste) Regulations 2007

Regulation 40(1)(a):

Producer fails to register.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• fixed monetary penalty
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 40(1)(b):

Producer fails to recover or recycle. Where an obligated person has failed to recover or recycle or a small producer has failed to recycle their obligation.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 40(1)(c):

Producer fails to furnish certificate. Where a producer fails to furnish a certificate of compliance by due date.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• fixed monetary penalty

Regulation 40(8)(a):

Group fails to recover or recycle. Where there is a group registration and it does not recover or recycle in accordance with its obligations, action will be taken against the holding company.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 40(8)(b):

Group fails to furnish certificate. Where there is a group registration and it does not furnish the certificate by the due date, action will be taken against the holding company.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• fixed monetary penalty

Regulation 40(5)(a) or (b):

Knowingly or recklessly providing false or misleading information given to the Environment Agency in performance of its functions or to which regulation 19 applies (includes providing such information as required by regulation 26(1)(b)).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 40(6):

Non-compliance with a regulation 31(3) notice.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 40(3):

Where an operator of a scheme fails to recover or recycle his obligation.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 40(4) and 23(1):

Unlawful issue of a packaging waste recovery note (PRN).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 40(4) and 23(2):

Unlawful issue of a packaging waste export recovery notes (PERN).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 40(4) and Schedule 5(1)(a):

Issuing a PRN for more than the total amount of packaging waste.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 40(4) and Schedule 5(1)(d):

Issuing a PERN for more than the total amount of packaging waste.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 40(7):

Obstruction.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

5. The Packaging Waste (Data Reporting) (England) Regulations 2023

Regulation 28(1):

Failure by a person carrying on the activities of a producer to notify the Environment Agency of the producer’s incapacity within 28 days.

The standard criminal and offence specific responses are:

• warning

• formal caution

• prosecution

Regulation 28(2)(a):

Failure by a producer to comply with its data collection obligations in accordance with regulation 16.

The standard criminal and offence specific responses are:

• warning

• formal caution

• prosecution

Regulation 28(2)(b):

Failure by a producer to comply with its data reporting obligations in accordance with regulation 17.

The standard criminal and offence specific responses are:

• warning

• formal caution

• prosecution

Regulation 28(2)(c):

Failure by a producer to notify of its winding up, receivership or administration in accordance with regulation 18.

The standard criminal and offence specific responses are:

• warning

• formal caution

• prosecution

Regulation 28(3)(a):

Failure by the operator of a registered scheme to comply with its data reporting obligations in accordance with regulation 20(1).

The standard criminal and offence specific responses are:

• warning

• formal caution

• prosecution

Regulation 28(3)(b):

Failure by the operator of a registered scheme to comply with its data collection obligations in accordance with regulation 20(2).

The standard criminal and offence specific responses are:

• warning

• formal caution

• prosecution

Regulation 28(4)(a) or (b):

Knowingly or recklessly furnishing false or misleading information to the Environment Agency in connection with its functions under these regulations.

The standard criminal and offence specific responses are:

• warning

• formal caution

• prosecution

Regulation 28(5):

Failure without reasonable excuse to comply with any requirement imposed under a notice under regulation 23(3).

The standard criminal and offence specific responses are:

• warning

• formal caution

• prosecution

Regulation 28(6)(a):

Failure without reasonable excuse to give a person authorised by the Environment Agency any assistance or information reasonably required to exercise their powers under regulation 26.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 28(6)(b):

Intentionally delaying or obstructing a person authorised by the Environment Agency to exercise their powers under regulation 26.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

6. Hazardous Waste (England and Wales) Regulations 2005 (HWR)

Regulation 19:

Hazardous waste mixed with non-hazardous waste, a different category of hazardous waste (or any other substance) other than in accordance with regulation 19(2), (3) and (4).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanctions we can impose are:

• compliance notice
• restoration notice
• variable monetary penalty
• stop notice

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 20:

Where mixed hazardous waste has not been separated in accordance with regulation 20.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanctions we can impose are:

• compliance notice
• restoration notice
• variable monetary penalty
• stop notice

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 34:

Use of non-unique consignment codes or not in accordance with the Environment Agency’s coding standard.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 35:

Failure to use consignment notes in accordance with regulation 35.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution

• prosecution

• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

There is no de minimis in the regulations - the Environment Agency will apply the requirements of the HWR to small quantities of hazardous waste with regard to the public interest factors.

Regulation 36:

Failure to use consignment notes in accordance with regulation 36 (standard procedure).

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

There is no de minimis in the regulations - the Environment Agency will apply the requirements of the HWR to small quantities of hazardous waste with regard to the public interest factors.

Regulation 37:

Failure to prepare or complete a schedule of carriers (or both) where more than one carrier transports, or is to transport, a consignment.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

There is no de minimis in the regulations - the Environment Agency will apply the requirements of the HWR to small quantities of hazardous waste with regard to the public interest factors.

Regulation 39:

Failure to use consignment notes for removal of ships’ waste to reception facilities, in accordance with regulation 39.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

There is no de minimis in the regulations - the Environment Agency will apply the requirements of the HWR to small quantities of hazardous waste with regard to the public interest factors.

Regulation 40:

Failure to use consignment notes for removal of ships’ wastes other than to reception facilities, in accordance with regulation 40.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

There is no de minimis in the regulations - the Environment Agency will apply the requirements of the HWR to small quantities of hazardous waste with regard to the public interest factors.

Regulation 41:

Failure to use consignment notes for removal of wastes by pipeline, in accordance with regulation 41.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

There is no de minimis in the regulations - the Environment Agency will apply the requirements of the HWR to small quantities of hazardous waste with regard to the public interest factors.

Regulation 42:

Failure to use consignment notes for rejecting consignments, in accordance with regulation 42.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

There is no de minimis in the regulations - the Environment Agency will apply the requirements of the HWR to small quantities of hazardous waste with regard to the public interest factors.

Regulation 43:

Failure to use further consignment notes for a rejected consignment, in accordance with regulation 43.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

There is no de minimis in the regulations - the Environment Agency will apply the requirements of the HWR to small quantities of hazardous waste with regard to the public interest factors.

Regulation 46:

Failure to use consignment notes for cross-border movements of waste, in accordance with regulation 46 and Schedule 7.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 47:

Where records of the place of discharge on land of hazardous waste are not kept, maintained or retained as specified.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 48:

Where records and inventories of hazardous waste are not kept, maintained or retained as specified.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 49:

Failure of a producer, holder, consignor, dealer or broker to keep, maintain or retain chronological records as specified.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 50:

Failure of a carrier to keep, maintain or retain chronological records as specified.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 51:

Failure of a person to keep or surrender registers and records (or both) as required by regulations 47 to 50.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanctions we can impose are:

• compliance notice
• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 53:

Where the operator of a consignee facility receiving hazardous waste fails to make a consignee quarterly return for all hazardous waste received at that facility within the time periods set out in regulation 53(4).

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 54:

Failing to provide consignee returns to the producer, holder or consignor within one month of the end of the quarter in which any related waste was accepted.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 55:

Non-compliance with a regulation 55 notice.

Summary only offence. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

Regulation 62:

Where, in the case of emergency and grave danger, a holder of hazardous waste had not taken all lawful and reasonable steps to avert or mitigate the emergency or grave danger.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanctions we can impose are:

• compliance notice
• restoration notice
• variable monetary penalty
• stop notice

Regulation 68:

Where a person provides false or misleading information or makes false entries.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

7. Transfrontier Shipment of Waste Regulations 2007 (TFS)

Regulation 59 allows us to use a fixed penalty notice (FPN) for notices for any offence under these regulations. However we will only use FPNs for the specific offences. These are marked under those offences.

7.1 General requirements for shipment of waste

Regulation 17:

Failure to comply with Article 49(1), manage shipments of waste in an environmentally sound manner and without endangering health.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 18(a):

Transport of waste other than in accordance with the notification or movement document.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 18(b):

Transport of waste to which the procedural requirements of Article 18(1) apply other than in accordance with the Annex VII document.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

7.2 Shipment of waste within the community

Regulation 19(2)(a):

Transport of waste without notifying the competent authority of dispatch in accordance with Article 4.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(2)(b):

Transport of waste without a contract or declaration having been made in accordance with Article 5.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(2)(c):

Transport of waste without a financial guarantee or equivalent insurance being in place and approved by the competent authority in accordance with Article 6.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(2)(d):

Transport of waste without required consent having been issued by any concerned competent authority.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(2)(e)(i):

Transport of waste without the movement document having been completed in accordance with Article 16, first paragraph and Article 16(a).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(2)(e)(ii):

Transport of waste without the movement document having been sent to the competent authorities concerned and the consignee in accordance with Article 16(b).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(2)(f):

Transport of waste without being accompanied by the movement document and notification document in accordance with Article 16(c).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(2)(g):

Transport of waste without the competent authorities and consignee having been notified of a change in details or shipment conditions in accordance with Article 17.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(3)(a):

Breach any condition imposed under Article 10.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(3)(b):

Failure to notify the competent authorities of a change in route in accordance with Article 13(2).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(3)(c):

Transport of waste destined for interim recovery or disposal operation without a notification document completed in accordance with Article 15(a).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 19(3)(d):

Failure to transport waste in compliance with Article 19.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 20(2)(a):

Transport Article 3(2) or (4) waste without being accompanied by a completed Annex VII document in accordance with Article 18(1)(a) that is signed in accordance with 18(1)(b).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 20(2)(b):

Transport Article 3(2) waste without a contract referred to in Article 18(2) having been entered into.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 20(2)(c):

Failure to comply with Article 19 (prohibition on mixing Article 3(2) or (4) waste during shipment).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

7.3 Export of waste to third countries

Regulation 21:

Transport waste destined for disposal in a non-EU, non EFTA country in breach of Article 34.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 22(2)(a):

Export waste for disposal to European Free Trade Association (EFTA) countries without compliance with Article 35(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 22(2)(b):

Export waste for disposal to EFTA countries in breach of Article 35(5).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 23:

Transport waste specified in Article 36(1) that is destined for recovery in a non-EU country to which the Organisation for Economic Co-operation and Development (OECD) decision does not apply.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 23A(2):

Transport waste listed in Annex III or IIIA, destined for recovery in any country listed in Commission Regulation (EC) No. 1418/2007, in breach of that regulation.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 23A(3):

Transport waste listed in Annex III or IIIA destined for recovery in any non-EU country to which the OECD decision does not apply without complying with the procedure of prior written notification and consent as described in Article 35, in accordance with the second paragraph of Article 37(2).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 23A(4):

Transport waste listed in Annex III or IIIA destined for recovery in any non-EU country to which the OECD decision does not apply, in breach of Article 37(4) (requirement for consignment only to facilities authorised to operate under the applicable national law of the country of destination).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 23B(2)(a):

Transport unlisted waste, or waste classified under more than one entry in Annex III, to any non-EU country to which the OECD decision does not apply, without the procedure of prior written notification and consent having been complied with in accordance with Article 37(5).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

Regulation 23B(2)(b):

Transport unlisted waste, or waste classified under more than one entry in Annex III, to any non-EU country to which the OECD decision does not apply, in breach of Article 37(4) (requirement for consignment only to facilities authorised to operate under the applicable national law of the country of destination).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 24(2)(a):

Export of waste for recovery to non-EU OECD countries, without the provisions of Article 38(1) having been complied with.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 24(2)(b):

Transport waste for recovery to any non-EU country to which the OECD decision applies, in breach of Article 38(6) (requirement for consignment only to facilities authorised to operate under the applicable national law of the country of destination).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 25(a):

Transport of waste to the Antarctic.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 25(b):

Transport waste destined for disposal in an overseas country or territory in breach of Article 40(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 25(c):

Transports waste destined for recovery in an overseas country or territory in breach of Article 40(2).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 25(d):

Transports waste specified in Article 40(3) destined for recovery in an overseas country or territory without the provisions of that Article having been complied with.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

7.4 Import of waste from third countries

Regulation 26:

Transport waste destined for disposal in breach of Article 41(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 27(2):

Transport of waste for disposal from a non-EU country party to the Basel Convention, without complying with Article 42(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 28:

Transport of waste destined for recovery that has come from a non-EU country or area in breach of Article 43(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 29(2):

Transport of waste from or through a non-EU OECD decision country, without complying with Article 44(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 30(2):

Import of waste for recovery from a non-EU non-OECD decision country Party to the Basel Convention, without complying with Article 45.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 31:

Import of waste from overseas countries or territories without complying with Article 46(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

7.5 Transit of waste

Regulation 32(2):

Transport of waste destined for disposal that has originated from and is destined for a non-EU country and is transported through the UK, without complying with Article 47.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 33(2):

Transport of waste destined for recovery that has originated from and is destined for a non-EU country to which the OECD decision does not apply and is transported through the UK, without complying with Article 48(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 34(2):

Transport of waste destined for recovery that has originated from and is destined for an EU country to which the OECD decision applies and is transported through the UK, without complying with Article 48(2).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 35(2):

Transport of waste destined for recovery that has originated from a non-EU country where the OECD decision does not apply and is destined for an EU or a country to which the OECD decision applies (or vice versa) and is transported through the UK, without complying with Article 48(3).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

7.6 Additional duties

Regulation 36:

Failure of an operator of a facility to notify the competent authority immediately when they know or could reasonably suspect that waste brought to that facility is an illegal shipment of waste.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 37(2)(a):

Failure of an operator of a facility to ensure that the recovery or disposal of notifiable waste is completed in accordance with Article 9(7).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 37(2)(b):

Failure of an operator of a facility to comply with any condition of a consent imposed by the competent authority of destination, in accordance with Article 10(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 37(2)(c):

Failure of an operator of a facility to comply with any condition imposed by the competent authority of destination, in accordance with Article 10(5).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 37(2)(d):

Failure of an operator of a facility to retain the movement document in accordance with Article 16(c).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 37(2)(e):

Failure of an operator of a facility to provide confirmation that waste has been received, in accordance with Article 16(d).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 37(2)(f):

Failure of an operator of a facility to certify that non-interim recovery or disposal has been completed, in accordance with Article 16(e).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 37(2)(g):

Failure of an operator of a facility to keep any document sent to or by the competent authorities in accordance with Article 20(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 37(2)(h):

Failure of an operator of a facility to inform the competent authority of destination in accordance with Article 22(1) if a shipment of waste is rejected.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 38(2)(a):

Failure of an operator of a facility that carries out interim recovery or disposal to provide confirmation to the notifier or competent authorities, in accordance with Article 15(c).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 38(2)(b):

Failure of an operator of a facility that carries out interim recovery or disposal to certify that interim recovery or disposal has been completed, in accordance with Article 15(d).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 38(3)(a):

Failure of an operator of a facility to obtain from a facility sent notifiable waste for subsequent interim or non-interim recovery or disposal a certificate that such operation has been completed in accordance with Article 15(e).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 38(3)(b):

Failure of an operator of a facility to transmit the certificate received from the completion of a subsequent interim or non-interim recovery or disposal operation in relation to notifiable waste, to the notifier and competent authorities in accordance with Article 15(e) second paragraph.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 38(4):

Failure of an operator of a facility that carries out interim recovery or disposal to comply with the notification requirements of Article 15(f).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 39(2)(a):

Failure of operator to sign the Annex VII document in accordance with Article 18(1)(b).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 39(2)(b):

Failure of operator to keep the Article 18(1) information in accordance with Article 20(2).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 40(2):

Failure of consignee to keep any document sent to or by the competent authorities in relation to a notified shipment, in accordance with Article 20(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 41(2)(a):

Failure of consignee to sign the Annex VII document in accordance with Article 18(1)(b).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 41(2)(b):

Failure of consignee to provide a copy of the contract referred to in Article 18(2) on request.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 41(2)(c):

Failure of consignee to keep the Article 18(1) information, in accordance with Article 20(2).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 42(2)(a):

Failure of laboratory operator to sign the Annex VII document in accordance with Article 18(1)(b).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 42(2)(b):

Failure of laboratory operator to keep the Annex VII document for 3 years from the shipment date.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 43(a):

Failure of a notifier to keep a copy of the movement document, in accordance with Article 16(c).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 43(b):

Failure of a notifier to keep any document sent to or by the competent authorities in accordance with Article 20(1).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 44(2)(a):

Failure of a person who arranges the shipment of waste to provide the competent authority with a copy of the Article 18(2) contract upon request.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

Regulation 44(2)(b):

Failure of a person who arranges the shipment of waste to keep the Article 18(1) information, in accordance with Article 20(2).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution
• fixed penalty notice

The civil sanction we can impose is:

• variable monetary penalty

The civil sanction which can be offered is:

• enforcement undertaking

7.7 Miscellaneous

Regulation 52(1):

Fail to comply with a notice served under the TFS regulations.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

Regulation 53(a):

Obstruction.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

Regulation 53(b):

Give false or misleading information.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

Regulation 53(c)(i):

Failing to provide assistance or information.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

Regulation 53(c)(ii):

Failing to produce any record when required.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

Regulation 54(a):

Make a statement or declaration known to be false or misleading to obtain consent to a shipment or approval of financial guarantee or equivalent insurance.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

Regulation 54(b):

Endeavours to obtain consent to a shipment or approval of financial guarantee or equivalent insurance by deception.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

The civil sanction we can impose is:

• variable monetary penalty

Regulation 55(1)(a) and (b):

Liability of officers to an offence committed by a body corporate.

This does not require enforcement action against the first party and different responses can be given to each.

Relevant commencement dates.

Civil sanctions are only available for this offence where they are available for the offence for which the body corporate is guilty.

Regulation 57:

Liability of third parties.

This does not require enforcement action against the first party and different responses can be given to each.

Civil sanctions are only available for this offence where they are available for the offence for which the body corporate is guilty.

8. Transfrontier Shipment of Radioactive Waste and Spent Fuel (EU Exit) Regulations 2019

Regulation 4(1)(a):

Ship radioactive waste or spent fuel from the UK to any other country, except in accordance with a relevant authorisation.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 4(1)(b):

Ship radioactive waste or spent fuel from any other country into the UK, except in accordance with a relevant authorisation.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 7(1) and 7(2):

Failure of any person to notify within 15 days for receiving a shipment of radioactive waste or spent fuel from outside the UK pursuant to these regulations.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 8(1) and 8(3):

Failure to notify within 15 days of arrival of radioactive waste or spent fuel from the UK to another country pursuant to these regulations.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 8(2) and 8(3):

Failure to take all reasonable steps to obtain and include a declaration or certification in the notification by the consignee that the radioactive waste or spent fuel has reached its proper destination, indicating the customs post of entry into the country of destination.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 9(1) and 9(2):

Failure to ensure shipped radioactive waste or spent fuel is accompanied at all times with the form prescribed in 9(2).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 10(1) and 10(2):

Make a false or misleading statement in an application.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 13(3):

Failure to comply with an instruction where radioactive waste or spent fuel has been brought into the UK other than in accordance with the regulations or an authorisation granted under the regulations.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 13(4)(a) and 13(4)(b):

Failure to comply with a regulation 13(4)(a) notice.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 14(1) and 14(2):

Failure to comply with a Schedule 2, Paragraph 1 information notice.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 14(1) and 14(2):

Failure to comply with a Schedule 2, Paragraph 2 enforcement or prohibition notice.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

9. Waste Electrical and Electronic Equipment Regulations 2013 (WEEE)

This section includes the following topics:

• producer offences
• operator of a scheme
• approved authorised treatment facility (AATF) and exporter offences
• person offences
• non-compliance with notices

9.1 Producer offences

Regulation 11 and 90(1)(a):

Producer or authorised representative contravenes or fails to comply with any of the requirements of regulation 11: Financing: WEEE from private households.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 14 and 90(1)(a):

Producer or authorised representative fails to be registered as a member of a scheme or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 18 and 90(1)(a):

Producer or authorised representative fails to provide scheme with information regarding amount of Electrical and Electronic Equipment (EEE) put on the market or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 19 and 90(1)(a):

Producer or authorised representative fails to provide a declaration of compliance by due date or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 20 and 90(1)(a):

Producer fails to keep required records in writing or for 4 years or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(1)(b)(i):

Producer or authorised representative furnishes information to the operator of a Scheme which he knows to be false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(1)(b)(ii):

Producer or authorised representative furnishes information to the operator of a scheme recklessly, which is false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(1)(c)(i):

Producer or authorised representative furnishes information for, or in connection with, a declaration of compliance which he knows to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(1)(c)(ii):

Producer or authorised representative furnishes a declaration of compliance recklessly, which is false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

9.2 Operator of a scheme offences

Regulation 26(1) and 90(3)(a):

Operator of a scheme fails to register members on or before 30 November in the year immediately preceding the commencement of that compliance period.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 26(2) and 90(3)(a):

Operator of a scheme fails to register producer.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 26(9) and 90(3)(a):

Operator of a scheme provides information that is not as accurate as reasonably possible.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 27 and 90(3)(a):

Operator of a scheme fails to notify the Agency of a new member in accordance with regulation 27.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 28 and 90(3)(a):

Operator of a scheme fails to finance costs of WEEE treatment, recovery and environmentally sound disposal from private households or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 29 and 90(3)(a):

Operator of a scheme fails to finance costs of WEEE treatment, recovery and environmentally sound disposal from users other than private households or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 31 and 90(3)(a):

Operator of a scheme fails to ensure WEEE is treated using Best Available Treatment, Recovery and Recycling Techniques and at an authorised treatment facility (ATF) or exported by an accredited exporter.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 32 and 90(3)(a):

Operator of a scheme fails to ensure systems are set up for WEEE recovery, that WEEE is recovered or recycled by a re-processor, or exported by an approved exporter, or that the correct percentage of WEEE is recovered or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 35 and 90(3)(a):

Operator of a scheme fails to provide quarterly returns to the Agencies on amount of WEEE delivered to an ATF or exported by an approved exporter.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 37 and 90(3)(a):

Operator of a scheme fails to provide quarterly information of amount of EEE put on the market by each producer.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 39 and 90(3)(a):

Operator of a scheme fails to provide declaration of compliance or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 40 and 90(3)(a):

Operator of a scheme fails to keep required records for 4 years.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 57 and 90(3)(a):

Operator of a scheme fails to comply with the conditions of approval requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 35, 37 and 90(3)(b)(i):

Operator of a scheme furnishes information for, or in connection with, quarterly returns or EEE put on the market by each producer, which they know to be false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 35, 37 and 90(3)(b)(ii):

Operator of a scheme furnishes information for quarterly returns or EEE put on the market by each producer recklessly, and it is false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 39 and 90(3)(c)(i):

Operator of a scheme furnishes information for, or in connection with, a declaration of compliance, which they know to be false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 39 and 90(3)(c)(ii):

Operator of a scheme furnishes information for, or in connection with, a declaration of compliance recklessly and it is false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 30 and 90(4):

Operator of a scheme fails to ensure there are systems set up to prioritise the re-use of whole appliances for any WEEE for which they are responsible.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

9.3 AATF and exporter offences

Regulation 61, 90(7)(a):

AATF or exporter fails to comply with the requirements for an application for approval.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 63, 90(7)(a):

AATF or exporter breaches a condition of approval.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 66 and 90(7)(a):

AATF or exporter fails to provide quarterly returns detailing amount of WEEE received (tonnes) or contravenes those requirements.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 67 and 90(7)(a):

AATF or exporter fails to keep required records for 4 years.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 66 and 90(7)(b)(i):

AATF or exporter furnishes information in quarterly report which he knows to be false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 66 and 90(7)(b)(ii):

AATF or exporter furnishes information in quarterly report recklessly, which is false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

9.4 Person offences

Regulation 90(8)(a):

Contravention or failure to comply with any requirement under regulation 60.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(8)(c):

Failure to comply with a requirement imposed under regulation 89 (requirement to answer questions and produce records).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(8)(d):

Obstruction of officers.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(8)(e):

Failure to give assistance or information to an officer.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(8)(f):

Failure to produce information to an officer when required to do so.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(8)(g)(i):

Furnishing of information known to be false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 90(8)(g)(ii):

Furnishing of information recklessly which is false or misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 48 and 90(9):

Failure to ensure collection and transport of WEEE optimises re-use and recycling.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

9.5 Non-compliance with notices

Regulation 88 and 90(8)(b):

Failure to comply with a notice.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

10. Waste Batteries and Accumulators Regulations 2009

This section includes the following topics:

• producer offences
• operator of a Battery Compliance Scheme offences
• treatment operator and exporter offences
• general offences

10.1 Producer offences

Regulation 7 and 89(1)(a)(i):

Producer* fails to finance the net costs arising from the collection, treatment and recycling of its share of all waste portable batteries collected in the UK, excepting small producers.

*does not apply to a producer who is a member of a battery compliance scheme (regulation 10).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 9 and 89(1)(a)(ii):

Producer* fails to be registered as a member of a battery compliance scheme for any compliance period during which that person is a producer of portable batteries.

*Does not apply to small producers.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 11 and 89(1)(a)(iii):

Scheme member fails to provide on request and in writing, to the battery compliance scheme operator, information which the scheme operator needs to rely on for the purposes of:

• complying with a demand to produce records under regulation 22(2)
• complying with the requirement to provide information under regulation 23
• making an application to register a producer under regulation 26(3)
• making a notification under regulation 29

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 12 and 89(1)(a)(iv):

Producer fails to keep required records in writing for 4 years and make them available to the appropriate authority on demand.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 13 and 89(1)(a)(v):

Small producer fails to provide information, or fails to provide information in the correct format, about the amount of portable batteries they have placed on the market in 2009 and each compliance period, by 31 January of the next year, for example 2019 data by 31 January 2020.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 15 and 89(1)(a)(vi):

After notification of current scheme approval being withdrawn, producer fails, within the timescales specified in regulation 15(2) and (3), to do one of the following:

• become a member of another battery compliance scheme
• notify its intention to the appropriate authority to become a member of a proposed scheme and then become a member of a scheme

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 16 and 89(1)(a)(vii):

Producer who is notified that approval of current scheme has been withdrawn, fails to:

• ensure all identifiable waste portable batteries collected by that producer are delivered to and accepted by an approved battery treatment operator or approved battery exporter
• keep records of amounts in total tonnes and tonnes by chemistry type, in writing for 4 years
• provide information on the total amount of portable batteries placed on the market in the UK in a compliance period
• provide written and signed information in the format required, for each quarter period on the amount of waste portable batteries collected and delivered (by total tonnes and tonnes by chemical type)

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 18 and 89(1)(a)(viii):

Producer who is notified that approval of current scheme has been withdrawn and has not yet become a member of another battery compliance scheme, fails to provide a declaration of compliance and copies of all batteries evidence notes before the due date.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 26(4) and 89(1)(a)(ix):

Small producer* fails to register within 28 days from the date producer first places portable batteries on the market for the first time in the UK after 15 October 2009.

*Does not apply to a small producer who is or was also a producer of industrial or automotive batteries and is registered with the Secretary of State under regulation 45.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 29(1), 29(3) and 89(1)(a)(x):

Small producer fails to notify of change of details held on register within one month of the change.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 29(2), 29(3) and 89(1)(a)(x):

Small producer fails to notify within one month of small producer ceasing to be a producer.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 30 and 89(1)(a)(xi):

Producer fails to declare its battery producer registration number to any person to whom the producer intends to sell, sells or otherwise supplies batteries in the UK.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 11 and 89(1)(b)(i):

Scheme member furnishes information to the operator of a battery compliance scheme and knows it to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 11 and 89(1)(b)(ii):

Scheme member furnishes information to the operator of a battery compliance scheme recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 27 and 89(1)(b)(i):

A small producer furnishes information on an application to register a small producer and knows it to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 27 and 89(1)(b)(ii):

A small producer furnishes information on an application to register a small producer, recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 29 and 89(1)(b)(i):

Small producer furnishes information to change registration details and knows it to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 29 and 89(1)(b)(ii):

Small producer furnishes information to change registration details recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 18 and 89(1)(c)(i):

Producer furnishes information for, or in connection with, a declaration of compliance and knows it to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 18 and 89(1)(c)(ii):

Producer furnishes information for, or in connection with, a declaration of compliance recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 13 and 89(1)(d)(i):

Small producer furnishes a report on the total amount of portable batteries the producer has placed on the market in 2009 or in a compliance period and knows the information provided in or in connection with the report to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 13 and 89(1)(d)(ii):

Small producer furnishes information in, or in connection with, a report on the total amount of portable batteries placed on the market in 2009 or in a compliance period, recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 16(5) and 89(1)(d)(i):

Producer furnishes a report, on the total amount of portable batteries that the producer has placed on the market and knows the information provided in or in connection with it to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 16(5) and 89(1)(d)(ii):

Producer furnishes information in or in connection with a report on the total amount of portable batteries that the producer has placed on the market recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 16(6) and 89(1)(d)(i):

Producer furnishes a report, on the total amount of waste portable batteries that the producer has collected and delivered to an approved battery treatment operator or exporter, and knows the information provided in or in connection with it to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 16(6) and 89(1)(d)(ii):

Producer furnishes information in or in connection with a report on the total amount of waste portable batteries that the producer has collected and delivered to an approved battery treatment operator or exporter, recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

10.2 Operator of a Battery Compliance Scheme offences

Regulation 19 and 89(2)(a)(i):

Scheme operator fails to finance:

a. The net costs for which each scheme member is responsible under regulation 7(2).
b. The net costs of the collection, treatment and recycling of any waste portable batteries collected by the battery compliance scheme in excess of those required to satisfy sub-paragraph a.
c. The net costs of a scheme information campaign.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 21 and 89(2)(a)(ii):

Scheme operator fails to ensure all identifiable waste batteries collected by the scheme are delivered to and accepted by an approved battery treatment operator for treatment and recycling or approved battery exporter for export for treatment and recycling outside the UK.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 22 and 89(2)(a)(iii):

Scheme operator fails to keep required records of the total amount of waste portable batteries the scheme has been responsible for collecting and delivering to an approved battery treatment operator or approved battery exporter during a relevant compliance period, in writing for 4 years.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 23 and 89(2)(a)(iv):

Scheme operator fails to provide information, or fails to provide information in the correct format, on the amount of portable batteries placed on the market for the first time in the UK for 2009 by 31 January 2010 (only after regulations came into force) and in each relevant compliance period (by the last day of the month following the end of the quarter period).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 24 and 89(2)(a)(v):

Scheme operator fails to provide information, or fails to provide information in the correct format, about the amount of waste portable batteries collected and delivered for treatment or recycling by the last day of the month following the end of the quarter period.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 25 and 89(2)(a)(vi):

Scheme operator fails to provide declaration of compliance and copies of all batteries evidence notes acquired by it in respect of the relevant compliance period on or before 31 May of the next year.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 26 and 89(2)(a)(vii):

Scheme operator fails to register scheme member with the appropriate authority.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 29 and 89(2)(a)(viii):

Scheme operator fails to notify changes of scheme member details to the appropriate authority within one month of the change of circumstance.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 32(2) and 89(2)(a)(ix):

Scheme operator fails to make arrangements with distributor within 21 days of receiving a request for the collection of waste portable batteries from the distributor, or fails to ensure collection of those batteries without charge (or both) and within a reasonable time.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 33(2) and 89(2)(a)(x):

Scheme operator fails to accept waste portable batteries at a facility it provides for economic operators and waste collection authorities without charge.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 23 and 89(2)(b)(i):

Scheme operator furnishes a report on batteries placed on the market by scheme members, and knows the information provided in, or in connection with, the report to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 23 and 89(2)(b)(ii):

Scheme operator furnishes information in or in connection with a report on batteries placed on the market by scheme members, recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 24 and 89(2)(b)(i):

Scheme operator furnishes a report on amount of waste portable batteries the operator has been responsible for collecting and delivering for treatment or recycling, and knows the information provided in or in connection with the report to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 24 and 89(2)(b)(ii):

Scheme operator furnishes information in or in connection with a report on amount of waste portable batteries the operator has been responsible for collecting and delivering for treatment or recycling, recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 29 and 89(2)(b)(i):

Scheme operator makes a notification of change to registration details and knows the information provided in or in connection with the notification to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 29 and 82(2)(b)(ii):

Scheme operator furnishes information in or in connection with a notification of change to registration details, recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 25 and 89(2)(c)(i):

Scheme operator furnishes a declaration of compliance and knows the information in or in connection with the declaration to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 25 and 89(2)(c)(ii):

Scheme operator furnishes information in or in connection with a declaration of compliance recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

10.3 Treatment operator and exporter offences

Regulation 63 and 89(4)(a)(i):

Approved battery treatment operator contravenes or fails to comply with the conditions set out in Part 2 of Schedule 4 and if approved to issue evidence notes for waste portable batteries, Part 3 of Schedule 4.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 63 and 89(4)(a)(i):

Approved battery exporter contravenes or fails to comply with the conditions set out in Part 2 of Schedule 4 and if approved to issue evidence note for waste portable batteries, Part 4 of Schedule 4.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 66 and 89(4)(a)(ii):

Approved battery treatment operator or approved battery exporter contravenes or fails to comply with reporting requirements under regulation 66.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 67 and 89(4)(a)(iii):

Approved battery treatment operator or approved battery exporter fails to maintain records that enable the completion of regulation 66 reports, or to keep the records for 4 years, or to make the records available to the appropriate authority on demand.

Summary only. The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 66 and 89(4)(b)(i):

Approved battery operator or approved battery exporter furnishes a report and knows the information provided in or in connection with it to be false in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 66 and 89(4)(b)(ii):

Approved battery operator or approved battery exporter furnishes information in or in connection with a report recklessly, and it is false and misleading in a material particular.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

10.4 General offences

Regulation 56 and 89(6)(a):

A person contravenes or fails to comply with any requirement of regulation 56 (prohibition on disposing of waste automotive or industrial batteries in a landfill or by incineration).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 57 and 89(6)(b):

A person contravenes or fails to comply with any requirement of regulation 57 (requirement for approval of battery treatment operators and exporters).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 87 and 89(6)(d):

A person, without reasonable cause, fails to comply with an enforcement notice served under regulation 87.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 88 and 89(6)(e):

A person, without reasonable cause, fails to comply with a requirement imposed under regulation 88 (powers of entry and inspection).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 89(6)(f):

A person, intentionally obstructs an officer, or any person accompanying the officer in accordance with regulation 88(2)(b)(i), in the execution of these regulations.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 89(6)(g):

A person, without reasonable cause, fails to give an officer, or any person accompanying the officer in accordance with regulation 89(6)(f)(ii), any assistance or information which may reasonably be required by them for the performance of the enforcement officer’s functions under the regulations.

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 89(6)(h):

A person, without reasonable cause, fails to produce a record or information when required to do so by an officer or any person accompanying the officer in accordance with regulation 89(6)(f)(ii).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation 89(6)(i)(i):

A person furnishes any information knowing it to be false or misleading in a material particular to an officer or any person accompanying the officer in accordance with regulation 89(6)(f)(ii).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution

Regulation (89)(6)(i)(ii):

A person furnishes any information recklessly, and it is false or misleading in a material particular, to an officer or any person accompanying the officer in accordance with 89(6)(f)(ii).

The standard criminal and offence specific responses are:

• warning
• formal caution
• prosecution